Brooks v. Meriwether Memorial Hospital Authority

Ruffin, Judge.

Willa Mae Brooks sued Meriwether Memorial Hospital Authority for malpractice in connection with the death of her husband. Meriwether moved for summary judgment on the grounds that the suit was filed outside the five-year statute of repose set forth in OCGA § 9-3-71 (b). The trial court granted Meriwether’s motion, and Brooks appeals. For reasons discussed below, we affirm.

1. Brooks argues that OCGA § 9-3-71 (b) is unconstitutional because it arbitrarily treats medical malpractice claims differently from other tort claims. This Court generally does not have jurisdiction to rule…