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Clock Reset: Lawyers Say Statute of Repose Reversal Has Broad Implications

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Clock Reset: Lawyers Say Statute of Repose Reversal Has Broad Implications | Daily Report

















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https://www.law.com/dailyreportonline/2024/07/09/clock-reset-this-new-ruling-is-good-news-for-plaintiffs/

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NEWS

“The Supreme Court made it clear that the General Assembly had the power to toll statutes of repose that it created,” said appellant counsel Michael B. Terry. “This clarification may have impacts in a wide variety of cases.”

July 09, 2024 at 11:38 AM

8 minute read

Cedra Mayfield

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What You Need to Know

  • Supreme Court of Georgia rules March 2020 COVID-19 judicial emergency order can be applied to toll the state’s five-year medical malpractice statute of repose.
  • Ruling reverses Georgia Court of Appeals decision that time-barred a medical-malpractice complaint brought against Floyd Medical Center.
  • Opposing counsel weigh in on implications of ruling and next steps in renewed litigation.

The clock has been reset for a plaintiff whose medical-malpractice complaint got nixed in connection to a pandemic-related tolling statute.

The Supreme Court of Georgia has ruled that a statewide COVID-19-related judicial emergency order issued in March 2020 can be applied to toll the state’s five-year medical-malpractice statute of repose consistent with the federal and Georgia constitutions.

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