Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

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).

Cases Citing O.C.G.A. § 9-3-34

Total Results: 1  |  Sort by: Relevance  |  Newest First

Copy

Perry v. Atlanta Hosp. & Med. Ctr., Inc., 339 S.E.2d 264 (Ga. 1986).

Cited 7 times | Published | Supreme Court of Georgia | Feb 13, 1986 | 255 Ga. 431

...ng her hospitalization in February 1981. On January 29, 1985, appellant filed this action for loss of consortium. Appellant concedes that if he is bound *432 by the statute of limitations for loss of consortium in medical malpractice actions, OCGA §§ 9-3-34 and 9-3-71, his suit is untimely as it was not filed within two years of the negligent act. Appellant maintains, however, that OCGA § 9-3-34 violates equal protection of the laws in that plaintiffs bringing loss of consortium actions which arise out of medical malpractice have only two years in which to file their claims, OCGA §§ 9-3-34 and 9-3-71, while plaintiffs whose loss of consortium actions do not arise out of medical malpractice have four years in which to bring their claims....
...35 (285 SE2d 521) (1982); Clark v. Singer, 250 Ga. 470 (298 SE2d 484) (1983); and Shessel v. Stroup, 253 Ga. 56 (316 SE2d 155) (1984). Assuming without deciding that the level of scrutiny used in Allrid, Clark, and Shessel, supra, is applicable to this case, we find that OCGA § 9-3-34 does not violate equal protection when applied to loss of consortium actions arising out of medical malpractice....