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7 Cards in this Set
- Front
- Back
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What is the Ga. "Statute of Repose" for med mal?
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SOR ends FIVE YEARS
after the DATE OF NEGLIGENCE involving "professional skill" |
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What will equitably estop a Dr. from invoking the SOR?
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ACTUAL FRAUD
by the Dr. in CONCEALING the tortious injury to avoid a suit |
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Foreign Object Claims are "Discovery Rule + 1 year SOL"
... How does SOR apply to Foreign Object Claims? |
SOR does not apply.
"failure to remove" foreign object = "continuing tort" so Discovery + 1 year SOL applies |
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How does the SOR apply to KIDS ?
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If negligence BEFORE kid's FIFTH birthday
--> SOR expires on kid's TENTH birthday |
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Does SOR apply to Intentional Torts (e.g. "Battery")?
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No.
Battery involves no "professional skill" or judgment |
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What is the SOR & SOL for "contribution" c/a by 1 JTF against another?
When is SOR not applicable to "contribution"? |
20 year SOL
Med mal 5 year SOR will NOT bar "contribution" IF: JTF's liability was determined at trial. |
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ESTATE NON-REPRESENTATION will toll the SOL for up to 5 years.
How long does it toll the 5 year SOR? |
It doesn't.
By definition, a SOR can not be tolled. |
