2020 Georgia Code
Title 9 - Civil Practice
Chapter 3 - Limitations of Actions
Article 4 - Limitations for Malpractice Actions


Cross references.

- Obtaining of discovery generally, § 9-11-26 et seq.

Declaration that action in tort lies for failure of medical practitioner to exercise reasonable degree of care and skill, § 51-1-27.

Law reviews.

- For article, "Res Ipsa Loquitur and Medical Malpractice in Georgia: A Reassessment," see 17 Ga. L. Rev. 33 (1982). For annual survey of tort law, see 35 Mercer L. Rev. 291 (1983). For article, "Medical Malpractice and the Statute of Limitations: An Update on the Discovery Rule," see 22 Ga. St. B.J. 60 (1985). For article, "State of Emergency: Why Georgia's Standard of Care in Emergency Rooms is Harmful to Your Health," see 45 Ga. L. Rev. 275 (2010). For article, "When Do State Laws Determine ERISA Plan Benefit Rights?," see 47 J. Marshall L. Rev. 145 (2014).

JUDICIAL DECISIONS

Separate classification of medical malpractice actions is rational exercise of legislative power. Hamby v. Neurological Assocs., P.C., 243 Ga. 698, 256 S.E.2d 378 (1979); Eubanks v. Ferrier, 245 Ga. 763, 267 S.E.2d 230 (1980); Allrid v. Emory Univ., 249 Ga. 35, 285 S.E.2d 521 (1982).

There is a rational basis for different treatment of loss of consortium actions arising out of medical malpractice, insofar as limitation of actions is concerned. Hamby v. Neurological Assocs., P.C., 243 Ga. 698, 256 S.E.2d 378 (1979).

RESEARCH REFERENCES

ALR.

- What constitutes physician-patient relationship for malpractice purposes, 17 A.L.R.4th 132.

Medical malpractice: instrument breaking in course of surgery or treatment, 20 A.L.R.4th 1179.

Medical malpractice: statute of limitations in wrongful death action based on medical malpractice, 70 A.L.R.4th 535.

Medical malpractice: when limitations period begins to run on claim for optometrist's malpractice, 70 A.L.R.4th 600.

Medical malpractice: physician's admission of negligence as establishing standard of care and breach of that standard, 42 A.L.R.5th 1.

Effect of fraudulent or negligent concealment of patient's cause of action on timeliness of action under medical malpractice statute of repose, 19 A.L.R.6th 475.

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