The COVID-19 pandemic that hit the United States hard in March of 2020 disrupted life in a number of different ways. State lawmakers passed special rules pausing certain legal deadlines, including the statute of limitations for personal injury claims and medical malpractice claims. In July of 2024, the Georgia Supreme Court ruled that emergency order can still be used to “toll” the statute of limitations. The case, Golden v. Floyd Healthcare Mgmt, is a win for plaintiffs. Here, our Georgia medical malpractice lawyer provides a more detailed overview of the court’s decision and its implications for medical malpractice cases.
Medical Malpractice Case Review: Golden v. Floyd Healthcare Mgmt
The Background
Before diving into the details of the recent medical malpractice decision from the Georgia Supreme Court, it is crucial to understand some key background details. To start, medical malpractice claims are subject to strict statutory deadlines in our state. You do not have an indefinite period of time to file a medical malpractice lawsuit against a negligent doctor, hospital, or other health care provider. Here is an overview of the medical malpractice statute of limitations in Georgia:
- A Two Year Statute of Limitations: In Georgia, people generally have two years from the date of an injury or death to file a medical malpractice lawsuit. The statute of limitations presumptively starts running on the last day care was provided by a medical provider.
- Discovery Rule Applies to Claims: Not all harm to the patient is known right away. The discovery rule in Georgia allows the statute of limitations to start from the time the injury was discovered or when it reasonably should have been discovered.
- A Five Year Statute of Repose: Georgia’s statute of repose places an absolute limit of five years on filing a medical malpractice claim—regardless of when the injury was discovered. A five year maximum deadline applies for all types of medical malpractice claims.
Beyond the basic statute of limitations for medical malpractice claims in Georgia, there is additional background information that you should understand for this case. The Georgia Supreme Court issued an emergency order on March 14, 2020 in response to the COVID-19 pandemic. The order suspended and tolled various legal deadlines, including the statutes of limitations for medical malpractice claims.
The Facts of the Case
The case at hand involves a medical malpractice lawsuit filed by a plaintiff (Jami Lynn Golden) against a defendant (Floyd Healthcare Management, operating as Floyd Medical Center). Here is the background of what allegedly occurred: Ms. Golden visited the Floyd Medical Center—which is now known as Atrium Health Floyd—in Rome, Georgia for care on July 1st, 2016. She complained about several ailments, including abdominal pain and fever. She had an elevated heart rate and a problematic white blood cell count. She was diagnosed with a suspected ovarian cyst. Further, a computer generated “sepsis” alert occurred. However, a nurse in charge of her care failed to forward that sepsis alert to others in violation of the facility’s written policies. Her condition worsened. The next day she went into sepsis and was transported to a nearby emergency room.
The Legal Issue
In June of 2018, Ms. Golden filed a medical malpractice lawsuit against Floyd Medical Center, an attending doctor, and an attending nurse. While the claim was still ongoing, the COVID-19 pandemic started. At that point, the aforementioned State Emergency Order tolling the statute of limitations for medical malpractice claims took effect.
In October of 2021, Ms. Golden filed a renewal action in her medical malpractice case. A renewal action refers to a procedural mechanism available in many jurisdictions—including Georgia—that allows a plaintiff to dismiss their case voluntarily and then refile it within a certain period. The option is typically used when the initial lawsuit faces procedural issues or is at risk of dismissal.
The defendant moved to dismiss that renewal action on procedural grounds. It argued that the statute of repose barred the claim. The care in this case occurred in July of 2016. The renewal action was filed in October of 2021—more than five years later. However, the plaintiff countered that the COVID-19 emergency order tolled the statute of limitations. The question before our state’s highest court: Does the now-expired COVID-19 emergency order extend the medical malpractice statute of repose?
The Decision of the Court
In the July 2024 case of Golden v. Floyd Healthcare Management, the Georgia Supreme Court reversed the decision of the Court of Appeals, which had previously found that the five-year medical malpractice statute of repose had expired and barred Jami Lynn Golden’s renewal action. The Supreme Court ruled that the statute of repose was tolled by the “Order Declaring Statewide Judicial Emergency” issued by the former Chief Justice in response to the COVID-19 pandemic. All of that time covered by the emergency order cannot count as part of the statute of repose.
The Implications for Malpractice Cases
The ruling of the Georgia Supreme Court is an important procedural victory of plaintiffs. Some medical malpractice victims—specifically those who suffered harm between the Summer of 2016 and end of the COVID-19 emergency regulations in 2020—will have additional time to bring their claim. The statute of repose, which is five years for medical malpractice claims in Georgia, will not include any of the time that the state was under the emergency regulations. It was crucial in this case as it gave the medical malpractice claimant the opportunity to file a renewal action. It could be key for other victims of medical malpractice as well. Still, it is crucial that any person who suffered harm due to medical negligence takes a proactive approach. You do not want to risk running afoul of the statute of limitations or the statute of repose. Consult with an attorney right away.
Get Help From Our Georgia Medical Malpractice Attorney Today
At Lourie, Chance, Forlines, Carter & King, PC, our Georgia medical malpractice lawyers are skilled, sophisticated advocates for patients. If you have any questions or concerns about the statute of limitations in a medical malpractice lawsuit, we are here to help. Contact us right away for a no cost, no strings attached initial consultation. From our law offices in Atlanta and our law office in Augusta, we fight for the rights of medical malpractice victims throughout Georgia.