Legal Question in Medical Malpractice in Georgia

Negligent Practice of Medicine

My father had an annual physical from the same physician for 20 years. At the completion of an annual physical on or about January 1981 my father was given a clean bill of health. Some 30 days later he noticed blood in his stool, admitted himself to a hospital, and after a series of tests he was advised he had terminal cancer, which had spread from his colon to his liver. Needless to say, I was, and remain furious with the imcompetence of his physician. However, my mother's position was that she had to live in the community, and she did not want to bring suit against this so called physician - all of this coming from a lady who had never written a check, as my father had taken care of everything. Time has passed, and now my mother is in a nursing home, and needs the money she could have obtained in malpractice suit. My question is, "May I sue this so called physician, or his estate, for the above described negligent actions which happened in 1981?" Thank you for your assistance.

Asked on 7/08/99, 12:33 pm

1 Answer from Attorneys

David Austin Burke & Eisner, P.A.

Re: Negligent Practice of Medicine

I don't practice in Georgia, but I think that you will not be able to file a lawsuit, because the statute of limitations will have run out. The statute of limitations is a law that says that you must file a lawsuit within a certain amount of time following some sort of injury.

Of course you should consult a lawyer in Georgia for a local state specific explanation.

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Answered on 7/20/99, 11:33 am

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