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Keywords

plaintiffdefendantstatuteappealmalpracticestatute of limitations
plaintiffdefendantstatuteappealmotionsummary judgmentmalpracticestatute of limitationsappellantmotion for summary judgment

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Gallant v. MacDowell, 295 Ga. 329, 759 S.E.2d 818, 14 FCDR 1521

Facts

Ursula MacDowell underwent a full mouth prosthodontic reconstruction involving Dr. Gallant and Dr. Mollie Ann Winston. After the placement of dental implants, Dr. Gallant believed they were improperly placed but did not inform MacDowell. Despite her ongoing complaints about the prostheses, he continued treatment without disclosing his concerns. MacDowell eventually sought a second opinion from Dr. Hal Arnold, who confirmed the issues with the implants, leading her to file a malpractice claim against Dr. Gallant.

MacDowell filed her complaint for professional malpractice and other claims against Dr. Gallant on January 26, 2010. Appellants filed a motion for summary judgment asserting that the suit was time-barred. In response, MacDowell argued that the statute of limitation was tolled by Dr. Gallant's alleged fraudulent concealment of his opinion that the implants had been improperly placed even though he continued to treat MacDowell and complete the restoration using these implants.

Issue

Did the Court of Appeals err when it held that the statutory period of limitation was tolled even after the plaintiff consulted with a second dentist?

Did the Court of Appeals err when it held that the statutory period [of limitation] was tolled even after the plaintiff consulted with a second dentist?

Rule

The period of limitation for filing a medical malpractice action is tolled where the defendant is guilty of fraud that deters the plaintiff from bringing the action, and the limitation period commences only from the time the plaintiff discovers the fraud.

Generally, an action for medical malpractice must be brought within two years after the date on which an injury arising from a negligent act or omission occurred. OCGA § 9–3–71. Pursuant to OCGA § 9–3–96, however, the period of limitation for filing an action against a defendant is tolled where the defendant is guilty of fraud by which the plaintiff is debarred or deterred from bringing the action, and the limitation period commences to run only from the time the plaintiff discovers the fraud.

Analysis

The court analyzed whether MacDowell's consultations with Dr. Winston constituted a trigger for the statute of limitations to begin running. It concluded that since Dr. Winston had been involved in MacDowell's treatment alongside Dr. Gallant, her consultations did not provide MacDowell with the necessary independent medical opinion to discover the alleged malpractice. Therefore, the tolling of the statute of limitations remained in effect.

In this case, however, Drs. Winston and Gallant jointly treated MacDowell for her dental problems, with one doctor providing one part of the necessary dental services and the other doctor providing another part of those services. The record reflects the two doctors consulted with each other on the case throughout the course of treatment and each relied upon the other for the other doctor's portion of the work.

Conclusion

The Supreme Court affirmed the Court of Appeals' decision, holding that the statute of limitations was tolled due to Dr. Gallant's alleged fraudulent concealment of the malpractice.

The judgment of the Court of Appeals is affirmed.

Who won?

Ursula MacDowell prevailed in the case because the court found that the statute of limitations was tolled due to fraudulent concealment by Dr. Gallant.

Ursula MacDowell prevailed in the case because the court found that the statute of limitations was tolled due to fraudulent concealment by Dr. Gallant.

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