292 Ga. App. 707 - Lee v. McCord’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he misdiagnosis cases are useful in that, while they discuss an "exception" to the two-year statute, they are simply applying the basic rule that the statute begins to run when the injury occurs, which is not necessarily the same time the malpractice is committed. As Lee's is a new injury case, "the operative question is: When did symptoms of the injury caused by the [alleged malpractice] first manifest themselves to [Lee]?" Brown v. Coast Dental of Ga., 275 Ga.App. 761, 766 (1), 622 S.E.2d 34 (2005).”

   1 later decision quote this exact passage
   e.g. McCord v. Lee

2. “[t]he "new injury" exception is an attempt to reconcile the statute's requirement that the period of limitations commence[s] on the date of the patient's "injury," on the one hand, with a recognition, on the other, that not all "injuries" are necessarily the immediate consequence of a physician's negligent misdiagnosis.”

   1 later decision quote this exact passage
   e.g. McCord v. Lee

3. “A patient suffers a `new injury' if he or she has a relatively benign and treatable precursor medical condition which . . . is left untreated and subsequently develops into a much more serious and debilitating condition. [Cit.]”

   1 later decision quote this exact passage
   e.g. McCord v. Lee