Legal Opinion
Abend v. Klaudt
Court of Appeals of Georgia
Decided March 16, 2000No. A99A1862PublishedCited by 20 opinions
1Opinion of the Court
Andrews, Presiding Judge.
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 limitation 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 OCGA §…
2Cases cited14 opinions
- Everhart v. Rich's, Inc.Supreme Court of Georgia · 1972
- King v. Seitzingers, Inc.Court of Appeals of Georgia · 1981
- Craven v. Lowndes County Hospital AuthoritySupreme Court of Georgia · 1993
- Ryan v. Commissioners of Chatham CountySupreme Court of Georgia · 1948
- Hill v. FordhamCourt of Appeals of Georgia · 1988
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Simmons v. SonyikaSupreme Court of Georgia · 2005
- Williams v. Devell R. Young, M.D., P.C.Court of Appeals of Georgia · 2000
- Miller v. KitchensCourt of Appeals of Georgia · 2001
- Simmons v. SonyikaCourt of Appeals for the Eleventh Circuit · 2004
- Miller v. VitnerCourt of Appeals of Georgia · 2001
15 more not listed; retrieve them via the Exa API.