Statute of Limitations for Bringing a Medical Malpractice Lawsuit in GA
- posted: Apr. 16, 2012
- Daniel C. Jason
Medical malpractice refers to negligent conduct by a physician or medical facility. In Georgia, the statute of limitations—or deadline—for bringing any personal injury lawsuit is two years from when the injury or death occurred, but there are differing time limits for filing medical malpractice claims, depending on the type of case and the age or status of the claimant.
Georgia law also has a statute of repose, which means that a medical malpractice action cannot be brought if it has been more than five years from the negligent or malpractice incident.
An exception to the usual time limitations on filing medical negligence cases is in the case of a foreign object that was left in the patient. Most of these cases involve surgical sponges that are left in a patient’s body cavity. There are instances in which patients have suffered for years before discovering the object still lodged within their body. In these cases, Georgia law says that you can bring a malpractice action any time within one year from the time that you discover the foreign object.
These time limitations apply to minors, but the statute of limitations will not run before a child’s seventh birthday, and the statute of repose will never run before the child’s tenth birthday, so minors have additional time to file a suit after they reach these ages.
Should a claimant be determined to be mentally incompetent or retarded, the statute of limitations is tolled, but a malpractice action must still be brought no later than five years from the date that the alleged negligence or misconduct occurred.
If you suspect medical malpractice, it is essential that you immediately contact a medical malpractice attorney, since records can be difficult to obtain and examine, and certain conditions must be met before a lawsuit can be maintained.
Get personal assistance with your Georgia injury claim. You deserve individual attention and efficient service when you have suffered injuries. Our fee is a portion of your recovery—if we do not win, you do not pay. To schedule a free consultation with a dedicated personal injury attorney, contact Jason & Bradley, LLC.