2020 Georgia Code
Title 9 - Civil Practice
Chapter 3 - Limitations of Actions
Article 4 - Limitations for Malpractice Actions
§ 9-3-74. Barred Actions Not Revived

Universal Citation: GA Code § 9-3-74 (2020)

No action for medical malpractice which, prior to July 1, 1976, has been barred by the provisions of this chapter relating to actions shall be revived by this article.

(Code 1933, § 3-1105, enacted by Ga. L. 1976, p. 1363, § 1.)

Law reviews.

- For survey article on torts, see 34 Mercer L. Rev. 271 (1982). For comment on statutes of limitations in medical malpractice actions in Georgia, see 33 Mercer L. Rev. 377 (1981).


O.C.G.A. § 9-3-74 means that O.C.G.A. § 9-3-71 is effective beginning July 1, 1976, but that no action will be barred under its terms until July 1, 1977. Allrid v. Emory Univ., 249 Ga. 35, 285 S.E.2d 521 (1982).

In effect, grace period provided in O.C.G.A. § 9-3-74 is not simply one year, but one year plus the number of years which have passed between the date of the alleged wrongful act and the effective date of O.C.G.A. § 9-3-71, and thus, the one year grace period provided in § 9-3-74 is reasonable. Allrid v. Emory Univ., 249 Ga. 35, 285 S.E.2d 521 (1982).

Cited in St. Joseph's Hosp. v. Mattair, 239 Ga. 674, 238 S.E.2d 366 (1977); Childers v. Tauber, 148 Ga. App. 157, 250 S.E.2d 787 (1978); Simons v. Conn, 151 Ga. App. 495, 260 S.E.2d 402 (1979); Hart v. Eldridge, 163 Ga. App. 295, 293 S.E.2d 550 (1982).



- Malpractice in diagnosis or treatment of tuberculosis, 75 A.L.R.2d 814.


Cross references.

- Tolling effect of filing of petition for order authorizing arbitration of medical malpractice claim, § 9-9-63.

Law reviews.

- For survey article on trial practice and procedure, see 34 Mercer L. Rev. 299 (1982).



- Unaccepted offer to compromise debt as tolling or removing bar of statute of limitations, 12 A.L.R. 544.

Acknowledgment or payment to one of several obligees as tolling statute of limitations in favor of others, 40 A.L.R. 29.

Purchase subject to mortgage as removing or interrupting defense of statute of limitations as against mortgage, 48 A.L.R. 1320.

Tacking disabilities for purposes of the statute of limitations, 53 A.L.R. 1303.

Lack of partnership accounting as tolling statute of limitations against actions at law between partners, 77 A.L.R. 426.

Payment by assignee for benefit of creditors, receiver, or trustee in bankruptcy as tolling statute of limitations as to debtor, 98 A.L.R. 1012.

Substitution, or addition, as plaintiff, after limitation period, of assignee, or trustee in bankruptcy, in action commenced by assignor, or bankrupt, within limitation period, but after assignment or bankruptcy, 105 A.L.R. 610.

What informalities, irregularities, or defects in respect to the execution of a tax deed prevent the running of the statute of limitations or period of adverse possession, 113 A.L.R. 1343.

To whom must acknowledgment, new promise, or payment be made in order to toll statute of limitations after creditor's death, 117 A.L.R. 224.

When statute of limitation commences to run against action by attorney employed on contingent fee who was discharged or withdrew before determination of litigation or other event upon which his compensation was contingent, 118 A.L.R. 1281.

Provisional remedy prior to service of summons as stopping or interrupting running of statute of limitation, 119 A.L.R. 1221.

Duress or undue influence as tolling or suspending statute of limitations, 121 A.L.R. 1294.

Liquidation or other proceeding by government against bank or other corporation, as suspending statute of limitations as regards choses in action belonging to corporation, or stockholder's superadded liability, 122 A.L.R. 945.

Validity and construction of war enactments in United States suspending operation of statute of limitations, 137 A.L.R. 1440; 140 A.L.R. 1518.

War as suspending running of limitations in absence of specific statutory provision to that effect, 137 A.L.R. 1454; 140 A.L.R. 1518; 141 A.L.R. 1511.

Effect of war on litigation pending at the time of its outbreak, 154 A.L.R. 1447.

Realization on security as interrupting the statute of limitations, 165 A.L.R. 1400.

Ancillary proceedings as suspending or removing bar of statute of limitations as to judgment, 166 A.L.R. 767.

Change in party after statute of limitations has run, 8 A.L.R.2d 6.

Failure to comply with statute requiring one involved in automobile accident to stop or report as affecting question as to suspension or tolling statute of limitation, 10 A.L.R.2d 564.

Tolling of statute of limitations where process is not served before expiration of limitation period, as affected by statutes defining commencement of action, or expressly relating to interruption of running of limitations, 27 A.L.R.2d 236.

Payment by one of two or more joint or joint and several debtors as suspending or tolling limitation, 74 A.L.R.2d 1287.

Timely suit to enforce policy as interrupting limitations against claimant's later suit or amended pleading to reform it, or vice versa, 92 A.L.R.2d 168.

Delay caused by other litigation as estopping reliance on statute of limitations, 45 A.L.R.3d 703.

Finding or return of indictment, or filing of information, as tolling limitation period, 18 A.L.R.4th 1202.

Post traumatic syndrome as tolling running of statute of limitations, 12 A.L.R.5th 546.

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