Vitner v. Miller

I must respectfully dissent from the majority opinion’s partial affirmance of the denial of the appellant’s motion for summary judgment, because I believe that the appellant was entitled to complete summary judgment.

1. OCGA § 9-3-71 (a) provides that “an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred.” The whole court has had recent occasion to determine the proper starting date for the running of that limitation period, unfortunately without reaching a consensus. Jones…