Georgia Supreme Court Upholds Exemption of Med-Mal Actions From Statute of Limitations Tolling Statute

On July 23, 2010, in a 5-2 decision, the Supreme Court of Georgia rejected a constitutional challenge to a Georgia statute that exempts medical malpractice cases from the rule that statutes of limitation are tolled for those who are incapacitated due to mental disability. This decision upheld a ruling by the Glynn County State Court that a plaintiff’s medical malpractice lawsuit was barred by the two-year statute of limitations. The Georgia Supreme Court’s opinion relied heavily upon an opinion from the Eleventh Circuit Court of Appeals that rejected a similar challenge to O.C.G.A. § 9-3-73 in a related medical malpractice case.

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