Tolling of Statute of Limitations; When Action Permitted After Filing of Petition for Arbitration

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Arbitration
  5. Medical Malpractice
  6. Tolling of Statute of Limitations; When Action Permitted After Filing of Petition for Arbitration

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  1. The filing of the petition for an order authorizing arbitration as provided in Code Section 9-9-62 shall toll any applicable statute of limitations, and the statute of limitations shall remain tolled until the earliest of:
    1. Thirty days after the filing of the petition, when the judge has failed within the 30 days to issue an order authorizing arbitration as provided in Code Section 9-9-62;
    2. Sixty days after the issuance of the judge's order authorizing arbitration, when the parties or their representatives have failed by such time to sign the arbitration submission as provided in Code Section 9-9-65; or
    3. The date the arbitration submission is revoked as provided in Code Section 9-9-65.
  2. If any of the contingencies listed in subsection (a) of this Code section occur and if the statute of limitations has not yet run, the medical malpractice claim may be brought in any court of this state having jurisdiction.

(Code 1933, § 7-404, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, §9-9-113; Code 1981, §9-9-63, as redesignated by Ga. L. 1988, p. 903, § 3.)


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