Clark v. Singer

In Clark v. Singer 250 Ga. 470 (298 SE2d 484) (1983), our Supreme Court held that application of the medical malpractice statute of limitation, OCGA 9-3-71, to medical malpractice wrongful death actions was unconstitutional because it created "two classes of wrongful death claimants in medical malpractice actions: (1) those whose spouse, child or parent died within two years of the negligent or wrongful act or omission; (2) those whose spouse, child or parent died more than two years after the negligent or wrongful act or omission." The first group was allowed to bring an action against the defendant, while the second group was barred by the statute of limitation before death occurred, i.e., before their wrongful death cause of action even accrued. Clark, supra at 471-472.