It can take quite a while for you as a former patient to notice an injury caused by medical malpractice. It can also be a lengthy and difficult process to sue a medical professional for their mishandling of your care. If you received medical treatment in Georgia that was wrongful or negligent, it’s critically important that you begin the lawsuit process as soon as possible so that you may receive financial compensation for your damages, costs and suffering.
The statute of limitations—how long you as the patient get to file a medical malpractice lawsuit—is generally just two years in Georgia from the date the injury or death occurred. Note, the injury or death date may be long after the day the malpractice incident happened, but the claim can be legitimate if the malpractice directly led to the patient’s eventual harm. Regardless, as soon as the statute of limitations expires, your chance to make your claim is gone too.
Georgia’s statute of repose restricts the timing for your claim further. It ends your ability to sue after five years from the date the malpractice occurred.
Some exceptions to Georgia’s malpractice statutes include:
- You have one year to claim malpractice for a foreign object (such as a clamp, sponge or other medical tool) being left inside the body from surgery. The date of injury is considered to be from the day the object is found, not the time of the surgery itself.
- For an injured child, the statute of limitations is not allowed to expire before the patient is age 7, and the statute of repose is extended to age 10.
Because of these fixed time limits, it’s urgent that you have an understanding of Georgia’s medical malpractice laws and seek experienced legal help to make your case immediately.