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Thomas v. Medical Ctr. Of Central Ga.

The applicable 2-year statute of limitation barred plaintiff's nursing malpractice claim.

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Joanne Thomas appeals the trial court’s grant of partial summary judgment as to claims of nursing malpractice asserted in her amended complaint. We find no error and affirm the trial court’s judgment. The facts show that LaTonya Bonner went to the emergency center at Medical Center of Central Georgia “MCCG” on August 6, 2002, where she was seen by Dr. Gregory Whatley. She was discharged the same day and subsequently died later that day. Thomas, as administrator of Bonner’s estate, filed a wrongful death action against Whatley and alleged MCCG was responsible for Whatley’s negligence under the theories of agency and respondeat superior. In accordance with OCGA § 9-11-9.1, Thomas attached a supporting affidavit alleging medical negligence against Whatley.

On October 3, 2005, more than one year after the statute of limitation had expired, Thomas filed an amended complaint, alleging MCCG was responsible for acts of professional malpractice by certain nurses under a theory of respondeat superior. Thomas attached an expert affidavit to her amended complaint alleging at least one act of negligence against the nurses. MCCG filed a motion for partial summary judgment, asserting the claims of nursing malpractice alleged in Thomas’ amended complaint were barred by the statute of limitation. The trial court agreed and granted MCCG’s motion for summary judgment. We find no error.

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