Bynum v. Gregory

In Bynum v. Gregory, 215 Ga. App. 431 (450 SE2d 840) (1994), the plaintiff alleged that an obstetrician's negligence in delivering her daughter approximately 18 years earlier had resulted in the daughter being deprived of oxygen before birth and, consequently, brain damaged. Although the physicians had originally suspected that the baby had spinal meningitis, tests ruled out that diagnosis within 36 hours after the child was born. That fact, however, was not communicated to the mother; instead, the obstetrician affirmatively misrepresented to the mother that the cause of the daughter's problems was spinal meningitis and that, as a result, the child would suffer developmental delays. Given this diagnosis from the obstetrician, the mother never asked the child's subsequent treating physicians about the cause of her developmental problems. It was not until she sought emergency medical treatment for the child, some 15 years after her birth, that the mother learned the child had never suffered from any form of meningitis and was told that "whatever happened to her daughter happened in the last few minutes before her birth." 215 Ga. App. at 433. The mother filed suit within two years of receiving this diagnosis. In Bynum, the trial court granted summary judgment in favor of the defendant-physicians, finding that the mother's action was barred by the statute of repose. The Court reversed, finding that a jury question existed as to whether the physician's fraud had deterred and debarred the mother from seeking a further diagnosis of her child's condition and from making a further inquiry into its etiology.