Professional Negligence Law Reporter

A Georgia appellate court held that professional negligence claims against chiropractors are subject to Ga. Code Ann. §9-3-71(b)’s five-year statute of repose.

Jodi Marie Threadgill and her husband, Charles Threadgill, sued chiropractors Ronald Fuller and Christopher Odom, as well as Fuller Life Chiropractic Center, alleging that the defendants provided negligent care and treatment to Jodi, resulting in spinal cord and disk injuries. The plaintiffs voluntarily dismissed their action three years later. The following year, almost six years after the allegedly negligent treatment, the Threadgills sued the defendants again, alleging the same claims as in the original complaint. The defendants moved for judgment on the pleadings or to dismiss the renewal action for failure to state a claim. The defense argued that the plaintiffs’ action was barred by Ga. Code Ann. §9-3-71(b)’s five-year repose statute applicable to actions for medical malpractice. The trial court denied the dismissal motion, holding that chiropractic treatment was not the practice of medicine and that the statute did not bar the renewal action.

Reversing, the appellate court noted that §9-3-71(b) provides that an action for medical negligence cannot be brought more than five years after the date on which the negligent or wrongful act or omission occurred. The term “action for medical malpractice” means any claim for damages resulting from the death or injury to any person arising out of, among other things, health, medical, or dental treatment or care rendered by a person authorized to perform such service, the court said. Thus, the court concluded that professional negligence claims against chiropractors for injuries resulting from their patient care and treatment fit within this definition. Moreover, the court said that an action for medical malpractice under §9-3-71(b) encompasses more than the practice of medicine and has been construed broadly to include doctors, psychologists, and dieticians.

Consequently, the court held that the trial court had erred in determining the plaintiffs’ renewal action was not barred by the five-year statute of repose for medical negligence actions.

Citation: Fuller Life Chiropractic Ctr., P.C. v. Threadgill, 2023 WL 8364231 (Ga. Ct. App. Dec. 4, 2023).