concurring.
Although a recognition of the “continuous treatment” theory in medical malpractice cases certainly has much to commend it, I am compelled to agree with the majority for the reasons set forth hereinafter. Since 1985, the period of limitations for medical negligence cases starts on the date that the injury or death occurs. Thus, the focus of current law is on the adverse consequences of the allegedly negligent acts without regard to when the negligent act occurred, the ensuing course of treatment, or discovery by the patient. In construing the existing law, this Court has rejected the comparable “continuing representation” theory in legal malpractice cases. Hunter, Maclean, Exley & Dunn v. Frame, 269 Ga. 844 (507 SE2d 411) (1998). Thus, adherence to the doctrines of stare decisis and separation of powers requires that we reject that principle in medical malpractice cases, and await a legislative response. See Abernathy v. City of Albany, 269 Ga. 88 (495 SE2d 13) (1998).
We are reversing the Court of Appeals’ reversal of Dr. Young’s motion for summary judgment pursuant to the inapplicable “continuing treatment” theory, but we are not affirming the trial court’s grant of that motion based upon a proper analysis under OCGA § 9-3-71 (a). Instead, we are remanding the case for “further proceedings consistent with this opinion.” Upon remand, the Court of Appeals must, therefore, determine when the statute of limitations began to run on Ms. Williams’ misdiagnosis claim and whether she filed her action within two years of that date. See Walker v. Melton, 227 Ga. App. 149, 150 (1) (b) (489 SE2d 63) (1997).
I am authorized to state that Presiding Justice Sears and Justice Hunstein join in this opinion.
*849Watson, Spence, Lowe & Chambless, Thomas S. Chambless, Dawn G. Benson, Charles K. Wainright II, for appellants. Greer, Klosik & Daugherty, Frank J. Klosik, Jr., Robert J. McCune, for appellee.