The Georgia Supreme Court has ruled that a medical malpractice suit against Floyd Medical Center may proceed, despite the case falling outside of the 5-year medical malpractice state of repose. This decision ultimately rejected the hospital’s assertion that the suit did not fall under the COVID-19 judicial emergency order’s stay of cases.
Statute of Repose in Georgia and the COVID-19 Judicial Emergency
There is a 2-year statute of limitations and a 5-year statute of repose in Georgia for medical malpractice injuries. These limitations are outlined under O.C.G.A 9-3-71:
- Except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred.
- Notwithstanding subsection (a) of this Code section, in no event may an action for medical malpractice be brought more than five years after the date on which the negligent or wrongful act or omission occurred.
This means that complainants have 2 years to file a medical malpractice suit in court after discovering an injury, and 5 years from the act that caused the injury (e.g., surgery or misdiagnosis) to file a medical malpractice suit. There are certain exceptions to this rule, however. These include:
- Minors – The state makes an exception to the statute of limitations for minors under the age of 5 years old. In the case of minors, the statute of limitations runs from 2 years after the child turns 5 under C.G.A. § 9-3-73.
- Foreign Objects – Because it can take years to discover foreign objects in one’s body, the state provides an exception to the statute of limitations and the statute of repose. In the case of foreign objects, the complainant has 1 year from the time the object was discovered to file suit.
- Fraud – In very rare cases, the state may cause the statute of limitations to toll, or not run, due to fraud. This requires the prosecution to prove that the medical provider provided the complainant with false information after learning that they made a mistake.
Covid-19 Emergency Order
In the case of Golden v. Floyd Healthcare Mgmt., a suit was filed in 2018 after a 2016 visit allegedly resulted in sepsis and necrosis of multiple digits. However, the COVID-19 pandemic halted the case, and a motion for renewal action was filed in 2021. This type of action is a way to dismiss a case and refile in order to resolve procedural issues or is at risk of being dismissed.
The defending team moved to dismiss the renewal action based on the 5-year statute of repose, which specified that the care took place more than 5 years prior, in 2016. The case, which ultimately appeared before Georgia’s Supreme Court was whether or not the COVID-19 emergency order may extend the medical malpractice statute of repose.
The court ultimately agreed with the prosecution in 2024, overturning the lower Court of Appeals, which had previously found that the 5-year medical malpractice statute of repose had expired. Cases which took place before the COVID-19 statewide judicial emergency will be tolled, or not run, for the years during the COVID-19 statewide judicial emergency.
What Does This Mean for Malpractice Cases in Georgia?
The 2024 decision by the Georgia Supreme Court is a win for personal injury plaintiffs across the state and their clients. None of the time that Georgia spent under emergency order will count against the many of the victims of medical malpractice who were injured between 2016 and 2020. Those victims will now have the ability to file suit as the court has extended the statute of repose in Georgia.
What is Covered under Medical Malpractice?
Medical malpractice is a specific subsection of personal injury law that covers any action or inaction taken by a medical professional that results in injury to their patient, directly or indirectly. Direct actions could include leaving a temporary clamp in a patient or recklessly misdiagnosing an illness, or medical negligence. Indirect actions may include failing to diagnose cancer, or not recognizing and treating medical issues quickly based on symptoms and lab reports.
Georgia Medical Malpractice Attorneys
If you or someone you know believe that the injuries you have suffered are the result of a medical professional’s failure, you need to contact an experienced personal injury today. The lawyers at McArthur Law Firm have settled over $100 million in personal injury cases ranging from vehicle accidents, premises liability claims and medical malpractice.
The McArthur Law Firm serves clients in all of Georgia and has offices in Atlanta, Macon and Warner Robins.
Contact the McArthur Law Firm today at (478) 238-6600 (Macon), (404) 565-1621 (Atlanta) or (478) 551-9901 (Warner Robins).
