Great expressions dental center trial#
Great expressions dental center professional#

Accordingly, the trial court did not err by dismissing Hobbs’ breach of contract claim based on his failure to support this claim with the expert affidavit required by OCGA § 9-11-9.1.

Great expressions dental center professional#

rendered negligent professional services” falls within the ambit of OCGA § 9-11-9.1 (a).). 548, 551 (2) (a) (489 SE2d 552) (1997) (Regardless of nomenclature, claim asserted by a plaintiff that is predicated on allegations “that the defendant-professional.

507, 509 (451 SE2d 66) (1994) (trial court erred by denying motion to dismiss breach of contract claim “to the extent it sounded in malpractice”) Crawford v. at 328 (although complaint stated various causes of action, expert affidavit required because substance of complaint raised only claim for professional negligence) Hodge v. As our appellate courts have explained before, the expert affidavit requirement contained in OCGA § 9-11-9.1 (a) applies to “any action for damages alleging professional malpractice,” based on the failure to perform professional services in accordance with the applicable standard of care, including breach of contract claims. However, the gist of Hobbs’ breach of contract claim is that Great Expressions dentists provided sub-standard care by negligently performing and failing to complete the services for which he paid. On appeal, Hobbs argues that the trial court erred because his complaint does not assert a claim for professional malpractice and instead is based on Great Expressions’ failure to “live up to its end of the bargain” by failing to provide Hobbs the services he paid for. The trial court granted Great Expressions’s motion based solely on Hobbs’ failure to comply with OCGA § 9-11-9.1. Great Expressions answered and moved to dismiss Hobbs’ complaint, arguing that Hobbs’ claims sounded in professional negligence and therefore required an expert affidavit pursuant to OCGA § 9-11-9.1. Hobbs supported his claims by detailed allegations concerning the failure of Great Expressions’s dentists to properly perform and complete implant and related dental procedures. (“Great Expressions”) asserting claims for breach of contract, fraud, breach of covenant of good faith and fair dealing, punitive damages, and attorney fees. The record shows that Hobbs filed a verified complaint against appellee Great Expressions Dental Centers of Georgia, P. We review a trial court’s ruling on a motion to dismiss de novo, viewing all well-pled allegations in the complaint as true. We now affirm in part and reverse in part as more fully set forth below. appeals following the dismissal of his complaint for failure to file an expert affidavit pursuant to OCGA § 9-11-9.1.

GREAT EXPRESSIONS DENTAL CENTERS OF GEORGIA, P. In the Court of Appeals of Georgia A16A0368. NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed.