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Norred v. Teaver

O.C.G.A. § 9-3-72—which provides a 1-year statute of limitation for medical malpractice actions based on foreign objects left in a patient's body—applies to objects intentionally left in a patient's body, as well as those inadvertently left.

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The sole issue in this case is whether OCGA § 9-3-72, which provides for a one-year statute of limitation for foreign objects “left in a patient’s body” applies to only those foreign objects left in the body unintentionally. We hold that it does not, and we overrule our prior precedent limiting the application of the statute.

The underlying facts here are undisputed. In 2005, when Angela Norred chipped a molar, she saw Dr. Steven Teaver, who referred her for a root canal. Following the root canal, Norred returned to see Dr. Teaver who averred that he inserted a cotton pellet and then a temporary crown on Norred’s tooth. Dr. Teaver admitted that on March 1, 2006, he placed a permanent crown over Norred’s tooth leaving the cotton pellet in place. Norred’s tooth became sensitive late in 2006. She began seeing a new dentist in 2008, and on February 10, 2010, during a routine cleaning, Norred’s crown installed by Dr. Teaver came off, revealing the cotton pellet and releasing a noxious odor due to extensive infection.

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