Georgia | Medical Malpractice
7/30/09, 3:33 pm
Legal Question
What is the statual of limitation on filing a medical malpractice lawsuit?
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What is the statual of limitation on filing a medical malpractice lawsuit?
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Read More Answered By: Glen Ashman |
(note that there are exceptions to the below based on specific facts, so do not rely on these dates without retaining a lawyer as they may not apply to you)
Here is the general Georgia rule: Actions for medical malpractice must be commenced within two years of the date the act giving rise to the injury occurred. If a person was unable to discover the injury during that initial two year period of time, the limitations period may be extended. In cases where a health-care provider leaves an object in a person's body, the person has one year from the date of discovery to file suit. However, no medical malpractice action may be brought more than five years after the date that act giving rise to the injury occurred. These periods of limitation apply to minors, except that the statute of limitations cannot run prior to the minor's seventh birthday and the statute of repose cannot run until the claimant's tenth birthday. However, the one year rule relating to discovery of a foreign object within the patient's body applies to all plaintiffs regardless of age.
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Read More Answered By: Charles W. Field |
Mr. Ashman is correct. Consult with a local attorney. |
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