Civil Procedure Keyed to Yeazell
Moore v. Baker
Plaintiff Judith Moore consulted Defendant Dr. Baker about a blockage of her carotid artery. Defendant recommended surgery and warned her about its risks. Plaintiff signed a consent form. The operation went badly and left Plaintiff severely and permanently disabled. Plaintiff sued Defendant. The initial complaint alleged that he had violated Georgia’s informed consent law by failing to advise her of an alternative therapy. Defendant filed a motion for summary judgment on the issue of informed consent. Twenty days later, Plaintiff moved to amend her complaint to assert allegations of negligence by Defendant in the performance of the surgery and post-operative care of Plaintiff. The district court refused to allow Plaintiff to amend her complaint on grounds that the statute of limitations bars the claim asserted in Plaintiff’s proposed amended complaint unless the amended complaint relates back to the date of the original complaint.
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