Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 3. LIMITATIONS OF ACTIONS · Article 4. LIMITATIONS FOR MALPRACTICE ACTIONS

9-3-72. Foreign objects left in body.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

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. For the purposes of this Code section, the term “foreign object” shall not include a chemical compound, fixation device, or prosthetic aid or device.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 3-1103, enacted by Ga. L. 1976, p. 1363, § 1; Ga. L. 1985, p. 556, § 2.

Editor's notes

Ga. L. 1985, p. 556, § 3, not codified by the General Assembly, provides: “No action for medical malpractice which, prior to July 1, 1985, has been barred by the provisions of Title 9, relating to actions, shall be revived by this Act. No action for medical malpractice which would be barred before July 1, 1986, by the provisions of this Act but which would not be so barred by the provisions of Title 9 in force immediately prior to July 1, 1985, shall be barred until July 1, 1986.”

Cross references

Tolling of limitations for medical malpractice, § 9-3-97.1.

Law reviews

For article surveying judicial and legislative developments in Georgia’s tort laws, see 31 Mercer L. Rev. 229 (1979). For comment on statutes of limitations in medical malpractice actions in Georgia, see 33 Mercer L. Rev. 377 (1981). For survey article on torts, see 34 Mercer L. Rev. 271 (1982). For survey article on tort law, see 60 Mercer L. Rev. 375 (2008). For annual survey on torts, see 65 Mercer L. Rev. 265 (2013). For note, “Forty-Eight States are Probably Not Wrong: An Argument for Mod-ernizing Georgia’s Legal Malpractice Statute of Limitations,” see 33 Ga. St. U.L. Rev. 805 (2017).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t9-ch1-10-(v6)-2023-pdf.pdf, Volume V6, 2023 edition, pages 334 to 335; merge action: carried; file SHA-256 ea8a520ad52f.