Legal Question in Medical Malpractice in Florida

statue of limitations

what is the statue of limitations to file a medical malpractice lawsuit for kentucky, florida, georgia and alabama? also should the dates be considered from the date of the injury or from when medical attention was believed to be necessary and denied by proper authorities?

this question is submitted on behalf of a friend of mine that is incarcirated.

thank you for your help

respectfully submitted


Asked on 6/12/02, 7:16 am

2 Answers from Attorneys

Jim Hough Thomas J. Hough, Jr., P.C.

Re: statue of limitations

I speak only to the limitations in Georgia. The statute is two years. The statute runs from the date the malpractice occurred in all but rare cases. Your question implies that your friend's complaint sounds not in malpractice but rather in negligence in failing to provide necessary medical care and attention. The same limitation period applies in Georgia and runs from the date of the injury for which care and attention should have been provided. If I have read too much into your question and in fact you speak of negligent care amounting to malpractice, then the statute runs from the date of the act of malpractice.

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Answered on 6/12/02, 8:20 am
Philip Brown O'Neal, Brown & Clark, P.C.

Re: statue of limitations

This question is very broad and fraught with peril for any lawyer who trys to answer it. Let me just say that in general the statute in Georgia is two years from the date of injury. As for denial of care and that sort of thing, I cannot help you in that area. I also cannot help you with the other states you reference. Let me strongly suggest, and I can't emphasize it enough, that you contact an attorney by telephone and discuss these matters with him or her. I wish I could be of more help to you, but this is clearly complicated and outside the reach of what my firm does because of the allegation of denied care. Contact an attorney in your area who is AV rated in the Martindale Hubble law directory. You can find this online. Good luck to you and your friend. Phil Brown

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Answered on 6/12/02, 8:57 am


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