A patient filed a medical malpractice lawsuit alleging that inappropriate diagnosis and treatment of her condition (sepsis) resulted in amputation of parts of her toes and fingers due to necrosis. The hospital argued that the case was filed too late, and it should be dismissed based on the statute of limitations/statute of repose. The plaintiff argued that the statute of limitations/statute of repose was extended during the Covid pandemic when the courts were closed, by an emergency order issues by the Georgia Supreme Court. That order was called “Order Declaring Statewide Judicial Emergency” and purported to toll (temporarily suspend) court filing deadlines.
The trial court denied the motion to dismiss, but on appeal the mid-level appellate court ruled for the hospital. On further appeal, the Supreme Court of Georgia ruled that the extension did apply and the lawsuit was reinstated.
For more information about the medical malpractice Statute of Limitations and Statute of Repose in Georgia, click here.
If you have questions about how the Statute of Limitations, the Statute of Repose, or the Covid extension might apply to your situation, please contact us for a free consultation.