FIRST DIVISION

BARNES, P. J.,

LAND and WATKINS, JJ.

NOTICE: Motions for reconsideration must be

physically received in our clerk’s office within ten

days of the date of decision to be deemed timely filed.

https://www.gaappeals.us/rules

December 4, 2023

In the Court of Appeals of Georgia

A23A1225. FULLER LIFE CHIROPRACTIC CENTER, P.C. et al.

v. THREADGILL et al.

BARNES, Presiding Judge.

Following the grant of their application for interlocutory appeal, Fuller Life

Chiropractic Center, P. C., Ronald Dean Fuller, II, D. C., and Christopher W. Odom,

D. C., appeal from the trial court’s order denying their motion for judgment on the

pleadings or, alternatively, motion to dismiss the chiropractic malpractice action

brought against themby Jodi Marie Threadgill andCharles A. Threadgill. The central

question in this appeal is whether a professional negligence action alleging breach of

the standard of care by a chiropractor is subject to the five-year statute of repose

applicable to actions for medical malpractice. For the reasons discussed below, we
answer that question in the affirmative. Because the trial court concluded otherwise,

we reverse.

When, as in this case, the defendants file a motion for judgment

on the pleadings and do not introduce affidavits, depositions or

interrogatories in support of the motion, such motion is the equivalent

of a motion to dismiss the complaint for failure to state a claim upon

which relief can be granted. Such a motion should not be granted unless

the averments in the complaint disclose with certainty that the

plaintiff[s] would not be entitled to relief under any state of facts which

could be proved in support of [their] claim. (Citation and punctuation

omitted.) Montgomery v. Bank of America, 321 Ga. App. 343, 343 (740

SE2d 434) (2013). We review de novo a trial court’s ruling on a motion

for judgment on the pleadings or motion to dismiss, and we construe the

complaint in the light most favorable to the plaintiffs and draw all

reasonable inferencesin their favor. Id. See Campbell v. Cirrus Ed., 355

Ga. App. 637, 638 (845 SE2d 384) (2020). “In our de novo review, we

may consider exhibits attached to and incorporated into the complaint

and answer.” (Citation and punctuation omitted.) 110 Hampton Point,

LLC v. Ross, 368 Ga. App. 630, 630 (890 SE2d 33) (2023). See OCGA

§ 9-11-10 (c) (“A copy of any written instrument which is an exhibit to

a pleading is a part thereof for all purposes.”). 

So viewed, the plaintiffs’ complaint and expert affidavit attached thereto show

the following. At all times relevant to this lawsuit, Drs. Fuller and Odom were

chiropractors licensed to practice in Georgia. Dr. Fuller was the principal owner of

2
the Fuller Life Chiropractic Center (“Fuller Life”), and Drs. Fuller and Odom

provided chiropractic treatment to Fuller Life patients. Jodie Threadgill sought

chiropractic treatment at Fuller Life on August 7 and 8, 2012. On August 7, 2012, Dr.

Fuller performed a chiropractic adjustment or manipulation of Mrs. Threadgill’s

spine, and Dr. Odom performed a chiropractic adjustment or manipulation of her

spine the following day. As a result of these spinal adjustments or manipulations,

Mrs. Threadgill allegedly suffered severe, permanent injuries to her spinal cord and

discs. 

On August 6, 2014, Mrs. Threadgill and her husband, Charles Threadgill, sued

Drs. Fuller and Odom and Fuller Life, alleging that the defendant chiropractors

provided negligent chiropractic care and treatment to Mrs. Threadgill on August 7

and 8, 2012, and that their negligence caused her spinal cord and disc injuries. The

complaint further alleged that the Center was liable based on the doctrine of

respondeat superior. The Threadgills attached to their complaint an expert affidavit

in which a chiropractor opined that Drs. Fuller and Odom breached the applicable

standard of care for chiropractic doctorsin their treatment of Mrs. Threadgill and that

their deviations from that standard were the proximate cause of her injuries. 

3
The Threadgills voluntarily dismissed their action without prejudice on August

15, 2017. On February 14, 2018, the Threadgills filed a renewal action against the

defendants pursuant to OCGA § 9-2-61.1 The allegations in the renewal complaint

and attached expert affidavit were the same as those contained in the original

complaint and affidavit. 

The defendants answered, denying liability. Subsequently, on February 7,

2022, the defendants filed a motion for judgment on the pleadings or, alternatively,

to dismiss the renewal action for failure to state a claim upon which relief could be

granted (“dismissal motion”). The defendants argued that the Threadgills’

chiropractic malpractice claims were barred by OCGA § 9-3-71 (b),2

the five-year

1

 OCGA § 9-2-61 (a) provides in relevant part:

When any case has been commenced in either a state or federal court

within the applicable statute of limitations and the plaintiff discontinues or

dismisses the same, it may be recommenced in a court of this state or in a

federal court either within the original applicable period of limitations or

within six months after the discontinuance or dismissal, whichever is later,

subject to the requirement of payment of costs in the original action[.]

2

 OCGA § 9-3-71 provides in part:

(a) Except as otherwise provided in this article, an action for medical

malpractice shall be brought within two years after the date on which an

injury or death arising from a negligent or wrongful act or omission occurred.

(b) Notwithstanding subsection (a) of this Code section, in no event

may an action for medical malpractice be brought more than five years after

the date on which the negligent or wrongful act or omission occurred.

4
statute of repose applicable to actions for medical malpractice. The Threadgills

opposed the dismissal motion, contending that OCGA § 9-3-71 (b) did not apply to

claims alleging professional negligence by a chiropractor; that the defendants were

barred from raising a statute-of-repose defense because they raised it in an untimely

manner and were equitably estopped from asserting such a defense based on fraud;

and that the renewal complaint included claimsfor ordinary negligence that were not

covered by the statute of repose. 

In addressing the defendants’ dismissal motion, the trial court framed the

controlling question as whether “for the purposes of OCGA § 9-3-71 (b), treatment

by a chiropractor is medical treatment such that an action against a chiropractor

would be considered a medical malpractice action.” The trial court answered its

question in the negative, concluding that the statute of repose does not apply to “nonmedical acts, errors, or omissions” and that treatment by a chiropractor does not

constitute the “practice of medicine.” In support of its conclusion, the trial court

relied on an unofficial opinion of the Attorney General of Georgia issued in 1972,

(c) Subsection (a) of this Code section is intended to create a two-year

statute of limitations. Subsection (b) of this Code section isintended to create

a five-year statute of ultimate repose and abrogation. 

5
which concluded that chiropractors were “not considered physicians for insurance

purposes” and reasoned that

the definition of “chiropractic,” as set forth in Ga. Laws 1921, p. 166

(Ga. Code Ann. 84-501), is not broad enough to bring chiropractic

within the definition of “practice of medicine” contained in Ga. Code.

Ann. § 84-901, as amended by Ga. Laws 1970, p. 301. 

1972 Op. Atty. Gen. No. U72-17 (“AG Opinion”).3Because the trial court determined

that chiropractic treatment was not the practice of medicine, the court ruled that

OCGA § 9-3-71 (b) did not bar the Threadgills’ renewal action even though it “was

refiled more than five years after the subject event.” Consequently, the trial court

denied the defendants’ dismissal motion.

The trial court granted the defendants a certificate of immediate review, and the

defendants filed an application for interlocutory appeal, which this Court granted.

This appeal followed. 

At the outset, we note that

[a] properly filed renewal action stands on the same footing as the

original action with respect to statutes of limitation. Accordingly, if a

3 The current definition of “chiropractic” is found at OCGA § 43-9-1 (2), and the

current definition of “practice of medicine” is found at OCGA § 43-34-21 (3).

6
renewal action is properly filed within six months after dismissal of the

original action, it remains viable even though the statute of limitation

may have expired. However, the Supreme Court [of Georgia] has held

that the legislature never intended for the dismissal and renewalstatutes

to overcome the five-year statute of repose for medical malpractice

actions set forth in OCGA § 9-3-71(b). [See] Wright v. Robinson, 262

Ga. 844, 846 (1) (426 SE2d 870) (1993).

(Citations and punctuation omitted.) Blackwell v. Goodwin, 236 Ga. App. 861, 863

(2) (513 SE2d 542) (1999). The five-year statute of repose “stands as an unyielding

barrier to a plaintiff’s right of action,” is “absolute,” and “destroys the previously

existing rights so that, on the expiration of the statutory period, the cause of action

no longer exists.” Wright, 262 Ga. at 845 (1). Thus, if a plaintiff refiles her action for

medical malpractice more than five years after the date upon which the alleged

negligent act or omission occurred, the action is subject to dismissal pursuant to

OCGA § 9-3-71(b). See id. at 846 (1); Carr v. Kindred Healthcare Operating, 293

Ga. App. 80, 82 (2) (666 SE2d 401) (2008); Blackwell, 236 Ga. App. at 863-865 (2).

It is undisputed that the Threadgills’ renewal action was filed more than five

years after the alleged negligent acts and omissions of Drs. Fuller and Odom.

Accordingly, if OCGA § 9-3-71 (b) applies to the Threadgills’ claims, their renewal

action wastime-barred and should have been dismissed by the trial court. See Wright,

7
262 Ga. at 846 (1); Carr, 293 Ga. App. at 82 (2); Blackwell, 236 Ga. App. at 863-865

(2).

1. The defendants argue that the trial court erred in concluding that professional

negligence claims asserted against chiropractors are not subject to OCGA § 9-3-71

(b). According to the defendants, a professional negligence action against a

chiropractor is an “action for medical malpractice” asthat phrase is used in the statute

of repose. 

In addressing whether OCGA § 9-3-71(b) applies to professional negligence

claims against chiropractors, we are mindful that

[i]n considering a statute’s meaning, courts must afford the words of the

statute their ordinary meaning, and we must presume that the General

Assembly meant what it said and said what it meant. Where the

language of a statute is plain and susceptible to only one natural and

reasonable construction, courtsmust construe the statute accordingly.In

fact, where the language of a statute is plain and unambiguous, judicial

construction is not only unnecessary but forbidden.

(Citations and punctuation omitted.) Southern States Chemical v. Tampa Tank &

Welding, 316 Ga. 701, 713 (2) (888 SE2d 553) (2023).

Guided by these statutory construction principles, we turn to the language of

OCGA § 9-3-71 (b), which provides that an “action for medical malpractice” cannot

8
“be brought more than five years after the date on which the negligent or wrongful

act or omission occurred.” The phrase “action for medical malpractice” as used in the

statute of repose is defined in OCGA § 9-3-70:

As used in this article, the term “action for medical malpractice”

means any claim for damagesresulting from the death of or injury to any

person arising out of:

(1) Health, medical, dental, or surgical service, diagnosis,

prescription, treatment, or care rendered by a person authorized by law

to perform such service or by any person acting under the supervision

and control of the lawfully authorized person; or

(2) Care or service rendered by any public or private hospital,

nursing home, clinic, hospital authority, facility, or institution, or by any

officer, agent, or employee thereof acting within the scope of his

employment.

(Emphasis supplied.) By the plain language of these statutes, the five-year statute of

repose encompasses claimsfor damagesresulting frominjury to a plaintiff arising out

of “[h]ealth . . . treatment[ ] or care” provided by a person authorized by law to

perform such service. And we conclude that professional negligence claims against

chiropractors for injuries arising from their treatment and care of their patients fit

within that statutory definition.

9
Chapter 9 of Title 43 of the Official Code of Georgia Annotated addresses the

licensing and regulation of chiropractors. Chiropractors who comply with the

licensing requirements and other rules imposed by that chapter have the right to

practice “chiropractic” asthat term is defined in OCGA § 43-9-1 (2) and “to evaluate,

diagnose, and adjust patients according to specific chiropractic methods in order to

correct spinal subluxations or to adjust the articulations of the human body.” OCGA

§ 43-9-16 (a). “Chiropractic” is defined in OCGA § 43-9-1 (2):

“Chiropractic” means the adjustment of the articulations of the human

body, including ilium, sacrum, and coccyx, and the use of X-ray,

provided that the X-ray shall not be used for therapeutical purposes. The

term shall also mean thatseparate and distinct branch of the healing arts

whose science and art utilize the inherent recuperative powers of the

body and the relationship between the musculoskeletal structures and

functions of the body, particularly of the spinal column and the nervous

system, in the restoration and maintenance of health. Chiropractic is a

learned profession which teachesthat the relationship between structure

and function in the human body is a significant health factor and that

such relationships between the spinal column and the nervous system

are most significant, since the normal transmission and expression of

nerve energy are essential to the restoration and maintenance of health.

However, the term shall not include the use of drugs or surgery. The

adjustment referred to in this paragraph and subsection (b) of Code

Section 43-9-16 may only be administered by a doctor of chiropractic

10
authorized to do so by the provisions of this chapter; provided, however,

that the provisions of this Code section shall not prevent any other

health care provider from administering techniques authorized within

their scope of practice.

The “scope of practice of chiropractors” is set out in OCGA § 43-9-16. In

performing the “chiropractic adjustment of the spine or articulations of the human

body,” chiropractors are authorized to perform“manual adjustments and adjustments

by means of electrical and mechanical devices which produce traction or vibration.”

OCGA § 43-9-16 (b). Additionally, chiropractors who comply with Chapter 9 may

use certain treatment “modalities,” which “include any physical agent applied to

produce therapeutic change to biologic tissues including thermal, acoustic,

noninvasive light, mechanical, or electric energy, hot or cold packs, ultrasound,

galvanism, microwave, diathermy, and electrical stimulation.” Id. Chiropractors in

compliance with Chapter 9

may utilize and recommend therapeutic procedures effecting change

through the application of clinical skills and services that attempt to

improve function, including therapeutic exercise, therapeutic activities,

manual therapy techniques, massage, and structural supports as they

relate to the articulations of the human body; provided, however, that the

same shall not be construed to allow chiropractors to treat patients

outside the scope of practice of chiropractic as set forth in this chapter.

11
OCGA § 43-9-16 (b). Such chiropractors also “may recommend the use of nutritional

and dietary supplements,” OCGA § 43-9-16 (i), and they “have the right to sign

health certificates, reporting the same to the proper health officers the same as other

practitioners.” OCGA § 43-9-16 (d). Chiropractors, however, cannot “prescribe or

administer medicine to patients, perform surgery, or practice obstetrics or

osteopathy.” OCGA § 43-9-16 (e).

In sum, Georgia law defines chiropractic as a “healing art[ ]” aimed at “the

restoration and maintenance of health,” OCGA § 43-9-1 (2); licensed chiropractors

may “evaluate, diagnose, and adjust patients . . . to correct spinal subluxations or to

adjust the articulations of the human body,” OCGA § 43-9-16 (a); and licensed

chiropractors are entitled to use on their patients a wide range of therapeutic

procedures and treatment modalities, including “any physical agent applied to

produce therapeutic change to biologic tissues,” OCGA § 43-9-16 (b). Given the

statutory definition of “chiropractic” and the scope of practice afforded to

chiropractors, we conclude that chiropractors are authorized under Georgia law to

provide “[h]ealth . . . treatment[ ] [and] care” to their patients, such that an action

alleging professional negligence against a chiropractor meets the definition of an

“action for medical malpractice” set forth in OCGA § 9-3-70 (1). See generally Ga.

12
Comp. R. & Regs., r. 100-10-.01 (b) (Georgia Board of Chiropractic Examiners

regulation providing that “[t]he doctor of chiropractic has the responsibility as a

primary healthcare provider to examine, establish a diagnosis/clinical impression,

render treatment and/or referral, commensurate with his/her findings”) (emphasis

supplied); Foster v. Ga. Bd. of Chiropractic Examiners, 257 Ga. 409, 419 (14) (359

SE2d 877) (1987) (treating chiropractic medicine as among the “health professions”

in applying rational-basis standard to constitutional challenge to a regulation

proscribing certain conduct by chiropractors). Accordingly, professional negligence

actions against chiropractors are subject to the statute of repose imposed by OCGA

§ 9-3-71 (b).

In concluding that chiropractors were not subject to the statute of repose, the

trial court reasoned that chiropractic is not the “practice of medicine,” a phrase which

is defined in the Medical Practice Act of Georgia, OCGA § 43-34-20 et seq. See

OCGA § 43-34-21 (3).4 But the “‘the practice of medicine’in OCGA § [43-34-21 (3)]

4

 OCGA § 43-34-21 (3) provides:

“To practice medicine,” “the practice of medicine,” or “practicing

medicine” means to hold oneself out to the public as being engaged in the

diagnosis or treatment of disease, defects, or injuries of human beings; or the

suggestion, recommendation, or prescribing of any form of treatment for the

intended palliation, relief, or cure of any physical, mental, or functional

ailment or defect of any person with the intention of receiving therefor, either

13
for purposes of licensing and registration [of physicians] is narrow whereas the

meaning of ‘medical malpractice’ in OCGA § 9-3-70 for purposes of limitation of

actions is broad,” and the phrase “action for medical malpractice” contained in

OCGA § 9-3-71 (b) “plainly encompasses more than the practice of medicine.”

(Citations and punctuation omitted.) Zechmann v. Thigpen, 210 Ga. App. 726, 727

(1) (437 SE2d 475) (1993). 

We have repeatedly noted that the broad scope of OCGA § 9-3-70 is not

limited to licensed physicians. Bradway v. American Nat. Red Cross,

263 Ga. 19, 21 (426 SE2d 849) (1993) (blood bank); Zechmann, [210

Ga. App. at 727 (1)] (optometrist); Allrid v. Emory Univ., 166 Ga. App.

130, 131(1) (303 SE2d 486) (1983), aff’d, 251 Ga. 367 (306 SE2d 905)

(1983) (hospital dispensing drug).

directly or indirectly, any fee, gift, or compensation whatsoever; or the

maintenance of an office for the reception, examination, and treatment of

personssuffering fromdisease, defect, or injury of body or mind; or attaching

the title “M.D.,” “Oph.,” “D.,” “Dop.,” “Surgeon,” “Doctor,” “D.O.,” “Doctor

of Osteopathy,” “Allopathic Physician,” “Osteopathic Physician,” or

“Physician,” either alone or in connection with other words, or any other

words or abbreviations to one’s name, indicating thatsuch person is engaged

in the treatment or diagnosis of disease, defects, or injuries to human beings,

provided that the terms “doctors of medicine,” “doctors of osteopathic

medicine,” “doctors of medicine licensed to practice in the state,” and similar

terms wherever used or appearing in this article or elsewhere shall mean and

include only those persons licensed under this article.

14
Robinson v. Williamson, 245 Ga. App. 17, 18-19 (1) (537 SE2d 159) (2000)

(pharmacist). See Charter Peachford Behavioral Health System v. Kohout, 233 Ga.

App. 452, 454 (a) (504 SE2d 514) (1998) (physical precedent only) (noting that

“OCGA § 9-3-70 (1) and (2) defines an ‘action for medical malpractice’ so broadly

. . . that the defendant medical doctors, psychologists, mental hospitals, and the

dietician all come within the act”). The trial court’s focus on whether chiropractic

treatment constituted the “practice of medicine” therefore was misplaced.

Additionally, the trial court erroneously relied upon a 1972 unofficial AG

Opinion to support its decision that professional negligence actions against

chiropractors are not subject to the statute of repose. See 1972 Op. Atty. Gen. No.

U72-17. As an initial matter, “opinions of the Attorney General are not binding upon

this[C]ourt, even where applicable to the issues before us.” (Citation and punctuation

omitted.) C. W. Matthews Contractor Co. v. Collins, 214 Ga. App. 532, 533 (448

SE2d 234) (1994). In any event, the AG Opinion relied upon by the trial court is not

applicable to the issues before us because it addressed whether chiropractors are

physicians for insurance purposes, not whether actions alleging professional

negligence against chiropractors are considered actions formedical malpractice under

the statute of repose; the AG Opinion relied upon the definition of the “practice of

15
medicine,” which is narrower than the definition of “action for medical malpractice,”

as discussed supra; and the AG Opinion wasissued before OCGA §§ 9-3-70 and 9-3-

71 (b) were enacted and thus cannot be construed as contemplating or addressing any

of the matters raised in this case. See Ga. L. 1976, p. 1363, § 1; Ga. L. 1985, p. 556,

§ 1.

For all of the aforementioned reasons, we conclude that professional

negligence claims against chiropractors are subject to the five-year statute of repose

imposed by OCGA § 9-3-71 (b). Accordingly, the Threadgills’ professional

negligence claims against the defendants asserted in their renewal action were subject

to the statute of repose, and the trial court erred in concluding otherwise.

2. “[T]his Court may affirm a trial court’s ruling on a motion to dismiss if it is

right for any reason, so long asthe argument wasfairly presented to the court below.”

(Citation and punctuation omitted.) City of Alpharetta v. Francis, 366 Ga. App. 454,

458 (2) (883 SE2d 400) (2023). We therefore consider the alternative arguments for

denying the defendants’ dismissal motion that were raised by the Threadgills in the

trial court. However, we do not find the Threadgills’ alternative arguments

persuasive. 

16
(a) In opposing the dismissal motion, the Threadgills argued that the

defendants were barred from pursuing their statute-of-repose defense because they

did not raise it in timely manner. The Threadgills emphasized that the defendants did

not assert OCGA § 9-3-71 (b) as a defense in their answers and instead relied upon

the statute of repose for the first time in their dismissal motion filed several years

after the renewal action commenced. But “unlike a statute of limitation, a statute of

repose generally cannot be waived, if not initially pled, or tolled.” Trax-Fax v.

Hobba, 277 Ga. App. 464, 469 (2) (a) (627 SE2d 90) (2006). See Miller v. Vitner, 249

Ga. App. 17, 17 (546 SE2d 917) (2001) (“The statute of ultimate repose does not bar

a cause of action from being brought, which is a defense to the merits that can be

waived, but abrogates any cause of action so that no cause of action continues to

exist; thus, the cause of action ceases to exist in law after the five years have

passed.”). The defendants therefore did not waive their statute-of-repose defense by

failing to assert it earlier in the litigation. See Trax-Fax, 277 Ga. App. at 466 (2), 469-

470 (2) (a) (concluding that defense predicated on OCGA § 34-9-245 had not been

waived as untimely, where the statute in question was determined to be a statute of

repose).

17
(b) The Threadgills also argued that the defendants were equitably estopped

from raising their statute-of-repose defense. As we have explained,

In certain narrow circumstances, a defendant may be equitably estopped

from raising the statute of repose as a defense. In order for this to apply,

however, a plaintiff must show fraud by offering evidence of a known

failure to reveal negligence. In other words, there must be a separate and

independent act of fraud.

(Citation and punctuation omitted.) Golden v. Floyd Healthcare Mgmt., 368 Ga. App.

409, 419 (3) (a), n. 12 (890 SE2d 288) (2023).

The Threadgills argued in the court below that the defendants were equitably

estopped from raising a statute-of-repose defense because they performed

manipulations of Mrs. Threadgill’s spine without first obtaining her informed

consent. The Threadgills also asserted that the defendants were equitably estopped

because they produced a document during discovery in which Dr. Odom denied

performing a spinal manipulation on Mrs. Threadgill on August 8, 2012, and because

they claimed in the litigation that Mrs. Threadgill had not been treated at Fuller Life

on that date. 

The conduct of the defendants alleged by the Threadgills does not support a

claim of equitable estoppel. The defendants’ alleged failure to obtain Mrs.

18
Threadgill’sinformed consent before performing the spinal manipulations on her that

allegedly led to her injuries was not a “fraud separate from the underlying [alleged]

negligence” that would support the application of equitable estoppel. Smith v. Kayfan,

364 Ga. App. 651, 655 (874 SE2d 465) (2022) (noting that equitable estoppel

requires “a separate and independent act of fraud” occurring after the alleged medical

malpractice). See Wilhelm v. Houston County, 310 Ga. App. 506, 509 (1) (c) (713

SE2d 660) (2011) (noting that equitable estoppel can be applied where the

defendant’s fraud “occurred after the plaintiff’sinjury accrued and, as a result of that

fraud, the plaintiff did not file suit until after the repose period expired”) (emphasis

in original).Furthermore, documents produced by the defendants after the Threadgills

filed their lawsuit, and assertions made by the defendants during the litigation, even

if false, do not support an equitable estoppel claim, which arises only where, “as a

result of [the] fraud, the plaintiff did not file suit until after the repose period

expired.” (Citation and punctuation omitted.) PTI Royston v. Eubanks, 360 Ga. App.

263, 272 (2) (861 SE2d 115) (2021). See Osburn v. Goldman, 269 Ga. App. 303, 304

(1) (a) (603 SE2d 695) (2004) (explaining that application of equitable estoppel

requires evidence of fraud “on which the plaintiff reasonably relied in forbearing the

bringing of a lawsuit”). Accordingly, the Threadgills have failed to allege any

19
conduct by the defendants that would equitably estop them from raising a statute-ofrepose defense.

(c) Lastly, in opposing the dismissal motion, the Threadgills argued that their

renewal complaint included a claim that the defendants failed to obtain Mrs.

Threadgill’s informed consent before performing physical manipulations and

adjustments on her spine, and that this claim sounded in ordinary negligence and thus

did not fall within the purview of OCGA § 9-3-71 (b). See Piedmont Hosp. v. D. M.,

335 Ga. App. 442, 445 (2) (779 SE2d 36) (2015) (“[B]y its terms, OCGA § 9-3-71

applies only to claims for medical malpractice, not to claims for ordinary

negligence[.]”). 

As an initial matter, as pointed out by the defendants in seeking dismissal of

the Threadgills’ renewal action, our Supreme Court has held that “Georgia does not

recognize a common law doctrine of informed consent”; that “the doctrine of

informed consent for health procedures and treatment is defined in Georgia

exclusively by statutes and regulations”; and that “[t]here is no question that

chiropractic treatments are not among the procedures designated in [Georgia’s

informed consent statute,] OCGA § 31-9-6.1[,] for which informed consent is

required.” Blotner v. Doreika, 285 Ga. 481, 484-485 (2) (678 SE2d 80) (2009). The

20
Threadgills thusfailed to state an informed consent claim, irrespective of whether the

statute of repose was applicable to such a claim. 

Nevertheless, even if the Threadgills’ informed consent claim came within the

ambit of Georgia’s informed consent statute, OCGA § 31-9-6.1 (which it does not),

that statute provides that “[a] failure to comply with the requirements of this Code

section shall not constitute a separate cause of action but may give rise to an action

for medical malpractice as defined in Code Section 9-3-70 and as governed by other

provisions of this Code relating to such actions[.]” OCGA § 31-9-6.1 (d). Hence, such

a claim still would be subject to the five-year statute of repose for medical

malpractice actions. See Blackwell v. Goodwin, 236 Ga. App. 861, 863 (2) (513 SE2d

542) (1999) (concluding that the plaintiffs’ claim for the alleged failure to obtain

consent for an injection was subject to the five-year statute of repose for medical

malpractice actions based on OCGA § 31-9-6.1 (d)). The Threadgillstherefore failed

to state any claims that were not subject to and barred by the statute of repose.

For all of these reasons, the trial court erred in determining that the Threadgills’

renewal action was not barred by the statute of repose for medical malpractice

actions. Because the defendants’ dismissal motion should have been granted, we

reverse the judgment.

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Judgment reversed. Land and Watkins, JJ., concur.

22