Deen v. Stevens
Supreme Court of Georgia
1Opinion of the Court
NAHMIAS, Justice.
The primary question presented in this appeal is whether the Georgia statute that suspends the operation of the tolling statutes for mental incompetence in medical malpractice actions irrationally discriminates against the mentally incompetent in violation of the Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution and Article I, Section I, Paragraph II of the Georgia Constitution of 1983. The trial court rejected this constitutional claim and dismissed the appellants’ dental malpractice action based on the two-year malpractice statute of…
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