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Goldenv.Floyd Healthcare Management, Inc.

CourtSupreme Court of Georgia
Docket No.S24G0008
DecidedJuly 2, 2024
Reporter319 Ga. 496, 904 S.E.2d 359 (2024)
JudgesMcMillian, J. (opinion); all participating Justices concur; Peterson, P.J., and Pinson, J., disqualified.
Tags
CivilMedical MalpracticeHospital NegligenceStatute of ReposeCOVID-19 Judicial EmergencyTollingDue ProcessConstitutional Law
Case Summary

Golden alleged that Floyd Medical failed to relay a sepsis alert during her 2016 emergency-room visit, discharged her, and that she later suffered septic shock requiring amputation of parts of her fingers and toes. After an earlier federal malpractice action was dismissed without prejudice, she renewed medical-malpractice and hospital-negligence claims in 2021. Floyd argued Georgia’s five-year medical-malpractice statute of repose had expired; the Court of Appeals agreed. The Supreme Court of Georgia held that the Judicial Emergency Act authorized the Chief Justice to toll statutes of repose and that the COVID emergency orders suspended Golden’s unexpired repose period for 122 days before Floyd’s repose right vested. The Court rejected federal and state due-process challenges to that tolling, reversed the Court of Appeals, and restored the denial of dismissal as to the renewed claims. A separate ordinary-negligence count remained dismissed and was outside the issues accepted for review.

Opinion

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