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7 Cards in this Set

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  • Back
What is the Ga. "Statute of Repose" for med mal?
SOR ends FIVE YEARS
after the
DATE OF NEGLIGENCE involving "professional skill"
What will equitably estop a Dr. from invoking the SOR?
ACTUAL FRAUD
by the Dr. in
CONCEALING the tortious injury
to avoid a suit
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
How does the SOR apply to KIDS ?
If negligence BEFORE kid's FIFTH birthday
--> SOR expires on kid's
TENTH birthday
Does SOR apply to Intentional Torts (e.g. "Battery")?
No.
Battery involves no "professional skill" or judgment
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.
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.