Scott v. DeKalb County Hospital Authority

Shulman, Chief Judge.

The automatic dismissal of appellants’ medical malpractice suit on June 16,1982, for failure to take a written order for a period of five years (OCGA § 9-2-60 (b) (Code Ann. § 3-512)) was affirmed by this court in Scott v. DeKalb County Hosp. Auth., 168 Ga. App. 548 (309 SE2d 635). Appellants refiled their suit on February 15,1983, under the auspices of OCGA § 9-2-61 (Code Ann. § 3-808) (the “six-month rule”) alleging, among other things, that the statute of limitation had been tolled under OCGA § 9-3-96 (Code Ann. § 3-807) “by the fraudulent conduct of the Defendants and…