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Morris v. Dentfirst PC

The trial court properly granted summary judgment to the defendants because the plaintiffs filed their medical malpractice action after expiration of the statutes of limitation found in O.C.G.A. § § 9-3-71 and 9-3-72.

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Kamiria Morris and Leon Morris appeal from the trial court’s grant of summary judgment in favor of Dentfirst, P.C., and Michael Billingsley, D.D.S., in a medical malpractice action. For the reasons that follow, we affirm. “We review de novo a trial court’s grant of summary judgment, construing the evidence most favorably to the nonmovant.”1

So viewed, Kamiria Morris went to Dentfirst complaining of tooth pain on February 9, 2009, and returned on February 10, 2009, when Billingsley extracted her tooth. She returned to Dentfirst at least twice, on February 11 and 23, 2009, and visited an emergency provider on March 8, 2009, each time complaining of pain and swelling. She alleges, and it is undisputed, that on March 10, 2009, she returned to Dentfirst, where Billingsley x-rayed her mouth, found tooth fragments, and surgically removed them.

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