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Medical Malpractice Statute of Limitations
When to File an Georgia Medical Negligence Lawsuit
Medical malpractice victims have a legal window of opportunity to file a medical malpractice lawsuit. This is known as the Georgia medical malpractice statute of limitations. If a claim is not filed within this period of time, the victim loses his or her right to pursue legal action. Different variables may affect how large or small this window is on a case-by-case basis, which is why it is important to contact a medical malpractice attorney as quickly as possible.
If you or loved one has been injured by medical negligence, contact our Georgia malpractice lawyers for a free consultation. Fill out our simple form for a no-obligation case evaluation.
Calculating the Statute of Limitations in Georgia
In general, a victim of medical malpractice has two years to file a claim from time the malpractice occurred, or the time that is considered reasonable that it should have been discovered. For instance, a victim may not notice that an internal injury has occurred until symptoms of that injury start to manifest themselves. However, an injury that is apparent or should be apparent directly after the negligence occurs (such as a flesh wound) or a death must be addressed within two years of the date it occurred. After five years, most claims are ineligible under the statute of repose.
Some factors that may change the statute of limitations in Georgia include the following:
- Surgical malpractice claims for retained foreign objects (such as surgical sponges) may be brought any time within one year of discovering the issue.
- Mental illness or disability may extend the statute of limitations.
- The statute of limitations may not start running before a minor’s 7th birthday. The statute of repose may not start running before a minor’s 10th birthday.
Medical Malpractice Attorneys
Hiring an experienced medical malpractice lawyer can mean the difference between being able to file a claim or not. A lawyer that knows Georgia law can point to any factors specific to their client’s case that would extend, or “toll,” the medical malpractice statute of limitations.
If you or a loved one has been injured due to medical negligence, contact our experienced medical malpractice lawyers to discuss your legal options. You may be able to recover compensation for your pain and suffering, as well as any financial strain the injury has caused you and your family. Our lawyers will fight for your rights according to the law, investigating your claim, putting a strong case together, and pursuing it aggressively on your behalf. We offer free, no-obligation case evaluations to help you determine if pursuing a medical malpractice lawsuit is right for you. Fill out our simple form to get legal help today.
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- $90,200,000
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Recovery in a lawsuit against R.J. Reynolds Tobacco Co. Woman was widowed when her husband died from lung cancer. The total award after apportioning damages based on assignment of fault was $46.3 million.
- $40,000,000
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In a case against R.J. Reynolds and Philip Morris, attorneys Keith Mitnik, Greg Prysock, Joe Taraska and Katy Massa recovered a $40 million tobacco litigation verdict on behalf of the husband and daughter of a woman who died after smoking two packs of cigarettes a day for 36 years.
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Medication overdose of a 26 week premature newborn against a hospital.
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In January 2011, Keith Mitnik obtained an $18.8 million verdict on behalf of a motorcyclist who was rendered a paraplegic when a car pulled out in front of him.
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11-year-old girl involved in rear-end motor vehicle accident suffered paralysis from the waist down.
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Award for a class of oil, gas and petroleum inspectors paid illegal "chinese overtime" rather than proper time and a half.
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