 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Abend v. Klaudt3/16/2000
WHOLE COURT
This appeal arises from a medical malpractice action brought by Betty Klaudt against Dr. Melvin N. Abend. Dr. Abend contends that the trial court erred by denying his motion for summary judgment in which he claimed that the action is barred by the one-year statute of limitations in OCGA § 9-3-72 applicable to foreign objects left in a patient's body, and by the five-year statute of repose in OCGA § 9-3-71 (b) applicable to medical malpractice actions.
We conclude that a jury issue remains as to whether Klaudt complied with the one-year limitation period of § 9-3-72 which requires that, where a foreign object is left in a patient's body, the action "shall be brought within one year after the negligent or wrongful act or omission is discovered." We further find as a matter of law that the five-year statute of repose in § 9-3-71 (b) does not bar a foreign object medical malpractice action timely filed within the one-year period set forth in § 9-3-72. Accordingly, we affirm the denial of Dr. Abend's motion for summary judgment.
In 1987, Dr. Abend surgically inserted a catheter device into a large vein in Klaudt's chest leading to her heart in order to allow administration of chemotherapy for treatment of nonHodgkin's lymphoma. On March 2, 1989, after chemotherapy was completed, Dr. Abend performed surgery to remove the catheter. Over five years later, on April 17 or 18 of 1996, Klaudt suddenly started to experience slurred speech, facial drooping, lack of physical coordination, and numbness. As a result, on April 23, 1996, Klaudt was admitted to a hospital and underwent an examination to determine the cause of these symptoms. The examination revealed that a five-inch portion of a catheter device was lodged in the left ventricle of Klaudt's heart. On April 24, 1996, Klaudt learned that the symptoms she first experienced on April 17 or 18 had been diagnosed at the hospital as embolic episodes to the brain caused by blood clots formed by the catheter penetrating her heart. Surgery was performed on the same day to remove the catheter. On April 21, 1997, less than one year after Klaudt was informed of the diagnosis, Klaudt sued Dr. Abend claiming that he negligently failed to remove all of the catheter device during the March 2, 1989 surgery, and that the portion of the catheter he left in her body had moved through the vein into which it was inserted, lodged in her heart, and caused the injuries at issue.
1. It is undisputed that, since the medical malpractice action alleged that Dr. Abend negligently left a foreign object in Klaudt's body, the one-year limitation period of § 9-3-72 applies instead of the two-year limitation period of § 9-3-71 (a). Section 9-3-72 provides in relevant part as follows: "The limitations of Code Section 9-3-71 shall not apply where a foreign object has been left in a patient's body, but in such a case an action shall be brought within one year after the negligent or wrongful act or omission is discovered."
Dr. Abend contends that Klaudt's action filed on April 21, 1997 is barred by the one-year limitation period of § 9-3-72 because it was filed more than one year after April 17 or 18 of 1996, the date Klaudt first became aware of the injury she alleged was caused by his negligence. In other words, Dr. Abend contends that, under § 9-3-72, Klaudt discovered his alleged negligent act or omission when she first became aware of the injury on April 17 or 18, even though she was not informed until April 24, 1996 at the hospital that a catheter lodged in her heart caused the earlier symptoms.
By requiring in § 9-3-72 that a patient who claims a foreign object was negligently left in their body must file an actio
Page 1 2 3 4 5 Georgia Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|