OXLEY v. KILPATRICK

No. A96A2167.

486 S.E.2d 44 (1997)

225 Ga. App. 838

OXLEY v. KILPATRICK et al.

Court of Appeals of Georgia.

Reconsideration Denied April 1, 1997.


Attorney(s) appearing for the Case

Davis, Gregory, Christy & Forehand, Hardy Gregory, Jr., Gary C. Christy, Cordele, Steven K. Leibel, Atlanta, for appellant.

Love & Willingham, Daryll Love, Michael J. Hannan III, Webb, Carlock, Copeland, Semler & Stair, Thomas S. Carlock, Atlanta, for appellees.


BEASLEY, Judge.

Mrs. Oxley, as parent and next friend of her son Ben, brought this medical malpractice action against Dr. Kilpatrick, Women's Medical Center, Inc., and Dr. Rossi. The question on appeal is whether, based on undisputed facts of record, the statute of limitation prevents the case from proceeding, as a matter of law.

The complaint alleged that defendants' negligent failure to "diagnose, appreciate and timely address" Ben's fetal distress caused...

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