In Rooks v. Tenet Healthsystem GB, Inc. , the sister of a decedent filed a complaint within five years of alleged medical malpractice, asserting a claim for wrongful death, purportedly as the representative of the decedent’s surviving spouse; she also asserted claims on behalf of the decedent’s estate and the decedent’s minor child. 292 Ga. App. 477, 480 (1) (b), 664 S.E.2d 861 (2008), cert. denied October 27, 2008. More than five years after the alleged professional negligence, the sister moved to amend the complaint to substitute the decedent’s surviving spouse as the wrongful death plaintiff.
(emphasis supplied).See Franklyn Gesner Fine Paintings, Inc. v. Ketcham, 252 Ga. 537, 538, 314 S.E.2d 903 (1984) (disapproving of this Court's “overly restrictive construction” of OCGA § 9–11–17(a) and allowing substitution of the corporation—the real party in interest—for the individual by whom the corporation was closely held because there was “no injustice in permitting the amendment”); Color Xpress, 326 Ga.App. at 335(3), 756 S.E.2d 564 (permitting substitution in lawsuit filed using a trade name while recognizing that, in Block, the Supreme Court “implicitly disapprov[ed]” that such suits were “mere nullities”); Memar v. Styblo, 293 Ga.App. 528, 531, 667 S.E.2d 388 (2008) (allowing amendment to substitute the administrator of the estate as the proper party plaintiff after the expiration of the repose period in a medical-malpractice action originally filed in the name of the estate, a non-legal entity); Rooks v. Tenet Healthsystem GB, Inc., 292 Ga.App. 477, 479(1)(a), 664 S.E.2d 861 (2008) (reversing trial court's dismissal of wrongful-death action and remanding case to substitute real party in interest when originally-named plaintiff lacked capacity to bring suit); see also Comm. for Better Gov't v. Black, 216 Ga.App. 173, 174(1), 453 S.E.2d 772 (1995); U.S. Xpress, Inc. v. W. Timothy Askew & Co., 194 Ga.App. 730, 731, 391 S.E.2d 707 (1990). Given the foregoing analytical framework, we conclude that the trial court erred in holding that Doe's complaint was a nullity due to her use of a pseudonym.
According to appellee Lori Mann, the nurse on duty in the ICU from 7:00 a.m. to 7:00 p.m. on August 9, the laboratory never called to advise that the blood had arrived or that it was ready for pickup. Appellee nurse Keller testified that she was on duty at 6:00 a.m. on August 9, when Dr. Neelagaru ordered a blood transfusion and that when she came back on duty at approximately 7:00 p.m., no blood transfusion had been given. At 7:27 p.m., Mr. Pattman experienced a cardiac arrest and died shortly thereafter. Rooks v. Tenet Health System GB, 292 Ga. App. 477 ( 664 SE2d 861) (2008). Dr. Neelagaru was a party to the original action but was dismissed with prejudice.
His condition deteriorated, and he died on August 3, 2002, without regaining consciousness. Rooks v. Tenet Health System GB, 292 Ga. App. 477 ( 664 SE2d 861) (2008). On April 23, 2004, Vaughan sued WellStar on behalf of her husband's estate.
Accordingly the estate's malpractice action was timely brought within the five-year repose period in OCGA § 9-3-71 (b), and the trial court erred by dismissing the action. Rooks v. Tenet Health System GB, 292 Ga. App. 477 ( 664 SE2d 861) (2008). Judgment reversed. Ruff in, P. J., and Johnson, P. J., concur.