Smith v. Cobb County-Kennestone Hospital Authority

Bell, Presiding Justice.

Appellants-plaintiffs, as next friends of their daughter, Krista A. Smith, contend that the statute of limitation for medical malpractice actions by minors, OCGA § 9-3-73 (b), is unconstitutional as applied to her. We find no merit in their arguments, and affirm the judgment in favor of defendants-appellees.

A brief description of the facts of this case and the history of § 9-3-73 (b) is necessary in order to lay the foundation for our discussion of appellants’ constitutional arguments. Krista Smith was born on July 1, 1981, and allegedly suffered brain damage during…