Karafotias v. Coyne

Pope, Judge.

This appeal is from the trial court’s denial of appellant/dentist’s motion for summary judgment in this dental malpractice action. We granted appellant’s petition for interlocutory appeal to consider whether she is entitled to summary judgment by virtue of the one-year statute of limitation contained in OCGA § 9-3-72 applicable to foreign objects left in a patient’s body.1

On January 11, 1984 appellant performed a root canal on appellee. During the course of this procedure a file broke off in appellee’s tooth. Appellant attempted to cure the problem and directed appellee to contact…