Legal Question in Medical Malpractice in Georgia

Is there a statue (?) of limitation involving medical malpractice?


Asked on 1/15/11, 7:09 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Yes. The below is a summary, and since there are many nuances, do not rely on it as a complete answer.

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 (with the right fact pattern) 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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Answered on 1/20/11, 8:51 am


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