Pope v. Davis

Johnson, Presiding Judge.

Claiming that a dental procedure resulted in permanent damage to his lingual nerve, Richard Pope sued James Davis, D.D.S. and James Davis, D.D.S., P.C. (collectively Davis), alleging malpractice, negligence per se, and battery based on Davis’ alleged failure to obtain Pope’s consent to the procedure. Davis moved for partial summary judgment on the battery and negligence per se claims, arguing that Pope signed a general consent form prior to allowing the treatment and that no other form was required, that Pope also gave implied consent to the particular treatment, and…