Hart v. Eldridge

Sognier, Judge,

concurring specially.

I concur in judgment only. The Supreme Court’s admonition not to apply Code Ann. § 3-1102 retroactively to defeat Mrs. Hart’s action is a statement sufficiently broad to apply to all medical malpractice causes arising out of an act or omission occurring prior to the enactment of Code Ann. § 3-1102, July 1, 1976. Under Code Ann. § 3-1004, the statute of limitation does not begin to run until discovery “... when the injury resulting from a tortious act is not immediately apparent...” and “... the victim could not in the exercise of ordinary care have learned of it...” Forgay v. Tucker, 128 Ga. App. 497, 500 (197 SE2d 492). The majority opinion indicates that causes arising prior to July 1,1976 are only viable until June 30,1979 given the grace period provided for in Code Ann. § 3-1105. Under their interpretation, Code Ann. § 3-1102 would be applied retroactively to incidents occurring prior to July 1,1976 but not discovered until after June 30, 1977. I disagree.