Legal Question in Medical Malpractice in Georgia

Re: What is the status of limitations

The medical malpractice statute of limitations is not very straight forward because you have both the "time of injury" and "discovery rule" which applies to when the statute runs. I would be happy to discuss which is likely to apply in your case if you would like to send me another email or call my office.

Re: What is the status of limitations

A wrongful death action has a two year statute of limitations. A medical malpractice action has a two year statute of limitations. Because an infant has no legal capacity, the two year statute of limitations does not apply to claims regarding his wrongful death arising from medical malpractice. However, there is also a statute of repose, beyond which a claim cannot be made even as to an infant. That period is five years from the date that the wrongful death/medical malpractice claim accrues. It sounds as though you have been advised that the statute of repose now bars a claim for the death of your infant. With more information, I might be able to give you a more specific answer. I would be happy to speak with you on a no charge/no obligation basis, if you wish.