X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

McFadden, Presiding Judge.This appeal is from a trial court order granting summary judgment to the defendants in a medical malpractice case on the ground that the action was barred by the applicable two-year statute of limitation. The undisputed evidence is that the misdiagnosis, which is the basis of Polis’s claim occurred, at the latest, in June 2014. The complaint was filed in December 2016. So, there is no genuine issue of material fact, the defendants were entitled to judgment as a matter of law, and we must affirm.To prevail at summary judgment under OCGA § 91156, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. On appeal of a grant of summary judgment, this [c]ourt reviews the evidence de novo to determine whether a genuine issue of material fact exists or whether the movant is entitled to judgment as a matter of law.  MacDowell v. Gallant, ___ Ga. App. ___ (Case No. A17A1864, decided March 1, 2018) (citation omitted).So viewed, the evidence shows that on February 17, 2014, Sherry Polis took her 16-year-old daughter J. B. to Newnan Dermatology. On that date, physician assistant Elizabeth Ahlstrom, who was supervised by Dr. Mark Ling, prescribed triamcinolone acetonide cream for eczema on J. B.’s legs. J. B. used the cream as directed. Near the end of April or beginning of May 2014, she saw purple scar-like marks on her thighs where she had applied the cream. On May 11, 2014, J. B. showed the marks on her thighs to her mother. On June 3, 2014, Polis took J. B. back to Newnan Dermatology for an assessment of the marks. On that date, Dr. Jill Buckthal-McCuin diagnosed the marks as stretch marks typical for girls of J. B.’s age, told J. B. that there was no correlation between the cream and the marks, advised J. B. to continue using the cream for eczema, but directed her not to use it directly on the marks. The doctor also prescribed another cream for treatment of the marks.   J. B. used the creams as directed, but the marks on her legs got worse. On December 22, 2014, J. B and her mother consulted with a dermatologist at the Emory Clinic, who said that the marks were a known side effect of triamcinolone acetonide cream and that J. B. should stop using it immediately. Pursuant to that doctor’s instructions, J. B. stopped using the triamcinolone acetonide cream that day. The next day, December 23rd, Polis spoke on the phone with a doctor at Newnan Dermatology, who confirmed Dr. Buckthal-McCuin’s earlier instructions that J. B. should continue to use the triamcinolone acetonide cream for the eczema, but not use it directly on the marks.On December 16, 2016, Polis and J. B. filed a medical malpractice complaint against Ling, Buckthal-McCuin, Ahlstrom, and Newnan Dermatology. The complaint alleged in pertinent part that the defendants were negligent in failing to adequately assess and treat J. B.’s dermatological condition on her thighs, in prescribing triamcinolone acetonide cream, and in instructing her to continue using the cream despite the development of the scar-like marks on her thighs. A dermatologist’s affidavit in support of the medical malpractice complaint alleged that the defendants had deviated from the standard of care by failing to adequately assess and treat J. B.’s dermatological condition on her thighs.   The defendants moved for summary judgment on the ground that the plaintiffs’ medical malpractice claims were barred by the statute of limitation. After a hearing, the trial court granted the motion. Polis and J. B. appeal from that summary judgment ruling.OCGA § 9371 (a) provides: ‘an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred.’ In most cases of negligent treatment and in most cases of misdiagnosis, the statute of limitation for medical malpractice will begin running at the time of the treatment or misdiagnosis. That is the time that the injury generally occurs.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›

Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›