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Dove v. Ty Cobb Healthcare Sys. Inc.

The 2-year statute of limitation barred the plaintiff's claims for acts that occurred prior to May 22, 2005.

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Ann Royston Dove filed the instant medical malpractice action on behalf of her deceased mother’s estate against Ty Cobb Healthcare Systems, Inc. d/b/a Brown Memorial Convalescent Center, alleging that the nursing home’s staff had rendered professionally negligent care to her mother while she was a patient. The nursing home denied the allegations of negligence and filed a motion for partial summary judgment, contending that certain claims presented by Dove were barred by the applicable two-year statute of limitation. The trial court granted the nursing home’s motion. We affirm. On appeal from a grant of a motion of summary judgment, we review the evidence de novo, viewing it in the light most favorable to the non-movant, to determine whether the trial court erred in concluding that no genuine issue of fact remains and that the moving party is entitled to judgment as a matter of law. Footnote omitted. Gibson v. Thompson , 283 Ga. App. 705 642 SE2d 366 2007. So viewed, the record shows that Dove’s 81-year old mother, Eulala Royston, was admitted to the appellee’s nursing home on July 5, 2000, after she had suffered a debilitating heart attack. Dove chose appellee’s nursing home for her mother’s care because it was conveniently located to Dove’s residence so that it allowed for frequent visitation by Dove and her family.

Shortly after Dove’s mother was admitted into the nursing home, Dove began to observe and receive reports of incidents suggesting that the nursing staff had not been attentive to her mother’s needs and had rendered negligent care to her mother. Dove recalled numerous incidents that allegedly had occurred during the course of her mother’s treatment, including the following, which she claimed had occurred between the years 2000 and 2005:

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