Braden v. Bell

I concur in the conclusion that the suit was barred by the statute of repose, OCGA § 9-3-71 (b). The action was not even filed within five years from discovery of the alleged misdiagnosis in January 1988, much less within five years of the alleged misdiagnosis. As the Supreme Court recognized in Craven v. Lowndes County Hosp. Auth., 263 Ga. 657, 660 (437 SE2d 308) (1993), even if the injury from the negligent act occurs outside the period legislatively designated for the accrual of rights (here five years), it is not actionable because the *148passage of time abolishes the cause of action.

One of…