In a recent decision by the Supreme Court of Georgia, the court reversed a previous ruling that barred Jami Lynn Golden’s medical malpractice and hospital negligence claims against Floyd Healthcare Management, Inc., doing business as Floyd Medical Center. The case centers on whether the statute of repose for medical malpractice was tolled during the COVID-19 pandemic due to an emergency order issued by former Chief Justice Harold D. Melton. The trial court initially ruled in favor of Golden, but the Court of Appeals reversed this decision, arguing that statutes of repose are absolute and cannot be tolled. However, the Supreme Court found that the emergency orders did indeed toll such statutes, allowing Golden’s claims to proceed.
The lawsuit originated from an incident in July 2016 when Golden visited Floyd Emergency Care Center with symptoms indicative of sepsis. Allegedly due to negligence in handling her condition, she later suffered septic shock resulting in severe complications requiring amputation. After filing suit in federal court and facing procedural challenges, Golden renewed her action in state court following dismissal without prejudice.
This decision clarifies the applicability of judicial emergency orders on statutory deadlines and emphasizes judicial flexibility during unprecedented events like a pandemic.
Source: S24G0008_GOLDEN_v_FLOYD_HEALTHCARE_MANAGEMENT_INC_Opinion.pdf
