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2018 Georgia Code 9-3-34 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-3-34 Case Law from Google Scholar Amendments to OCGA 9-3-34

TITLE 9 CIVIL PRACTICE

Section 3. Limitations of Actions, 9-3-1 through 9-3-115.

ARTICLE 2 SPECIFIC PERIODS OF LIMITATION

9-3-34. Article not applicable to malpractice.

This article shall not apply to actions for medical malpractice as defined in Code Section 9-3-70.

(Code 1933, § 3-718, enacted by Ga. L. 1976, p. 1363, § 2.)

JUDICIAL DECISIONS

O.C.G.A. § 9-3-34 does not violate equal protection when applied to loss of consortium actions arising out of medical malpractice. Perry v. Atlanta Hosp. & Medical Ctr., 255 Ga. 431, 339 S.E.2d 264 (1986).

Loss of consortium claim arising out of medical malpractice.

- Because the four-year time limit does not apply to loss of consortium claims arising out of medical malpractice, and the plaintiffs only have two years in which to file the plaintiffs' claims for loss of consortium arising out of medical malpractice, the spouse's loss of consortium claim was time barred as the claim was filed more than two years after the patient's injury. Beamon v. Mahadevan, 329 Ga. App. 685, 766 S.E.2d 98 (2014).

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