Spivey v. Whiddon

Bell, Justice.

The main issue in this case is whether the suit of the plaintiff, Mary Whiddon, for medical malpractice is barred by OCGA § 9-3-72. OCGA § 9-3-72 is a statute of limitation for medical-malpractice actions that are based on foreign objects having been left in patients’ bodies. We find that § 9-3-72 does not bar Whiddon’s action.

After Whiddon’s leg was injured in a car accident, the defendant, Dr. J. W. Spivey, Jr., inserted a screw and washer in her leg to hold bone fragments in a fixed position while the leg healed. Dr. Spivey subsequently removed the screw from the leg, but…