By: Lindsey Macon, Medical Malpractice Attorney Atlanta, and Georgia Super Lawyer
In Georgia, the legal time limit to file a GA medical malpractice lawsuit is typically two (2) years from the date of the supposed malpractice or from the date the injury was identified or could have been identified, with reasonable effort. However, some exceptions to this basic rule apply to some malpractice claim circumstances.
For cases involving foreign objects left in a patient’s body during surgery, the statute of limitations is one (1) year from the date the object was discovered to be there or should have been discovered (i.e., because of pain continuing to occur from that surgical error).
Additionally, for cases involving minors, the statute of limitations is tolled until the child reaches the age of majority, which is the age of 18 in Georgia. When any other unanswered questions exist, from this page’s information, call for a NO COST phone consultation, and speak with an experienced Atlanta medical malpractice lawyer.
It is important to note that failing to file a medical malpractice lawsuit within the statute of limitations can result in the case being dismissed by the court. Therefore, it is crucial to immediately consult with an experienced medical malpractice attorney if you believe you have a valid med mal claim.
Handling Medical Malpractice Georgia Cases since 1980
Generally, medical malpractice lawsuits have a two-year statute of limitations starting from the date of injury or death, as per OCGA Section 9-3-71(a). Although the standard medical malpractice lawsuit is bound by a two-year statute of limitations, some exceptions exist:
In instances of “foreign object” situations where objects like sponges, needles, or broken scalpels are left inside patients during surgery, a case can be filed within one year from the time the object is discovered. Refer to OCGA Section 9-3-72 for more details.
When it comes to incidents involving underage individuals, both the child and their parents possess distinct and autonomous claims if the child suffers an injury. The claims of the parents encompass all medical and other essential costs associated with the child’s injury until they reach 18 years of age, as well as the loss of the child’s services.
If medical malpractice happens before a child reaches the age of five (5), the legal action must be started before the child reaches seven (7) years old.
For a wrongful death lawsuit, the claim must be lodged within two years from the date of death. The Georgia Supreme Court upheld this two-year time limit in a 1983 case, Hart v. Eldridge.
In a ruling made in June this year, the Court of Appeals determined that, given the right conditions, an updated complaint introducing a new party in a medical malpractice lawsuit relating to an auto accident victim’s quadriplegia can be considered as dating back to the initial filing in terms of the two-year statute of limitations.
Georgia’s statute of repose stipulates that, barring instances of fraud, concealment, or misrepresentation, a healthcare provider cannot be sued for medical malpractice more than five (5) years after the actual malpractice incident, regardless of whether the patient or family was aware of the malpractice.
What is a Statute of Repose?
In Georgia, there is a law that limits how long a patient can wait to sue for medical or dental malpractice. Clients have five years from the incident to file a lawsuit, even if they find out about the injury later. If more than five years pass, the claim may not be valid under this law.
Clients have up to five years after the incident to file a lawsuit, even if they only discover the injury later. After five years, the claim may no longer be valid due to this statute barring an untimely filing.
However, the Georgia courts have permitted the initiation of a wrongful death claim beyond the five-year limit if a pending med mal case was already underway, and the wrongful death action was added as an amendment to that previous medical malpractice case.
Our Attorneys Near Me in Georgia Can Answer Other Questions: FREE Call
Talk to any of our 8 medical malpractice lawyers near me at one of our three Georgia law office location, or via a telephone or virtual meeting call. Even though three of our Atlanta medical malpractice attorneys are located in the Capital City, our team of Georgia medical malpractice lawyers travel statewide to visit with clients who are victims of medical malpractice by a health care professional but are now home-bound or in a hospital or nursing home.
Kathy McArthur, our Legal Firm’s founder, and leader, is well-known for being one of the State’s best medical malpractice lawyers in Atlanta GA. She has handled everything from medication errors, to botched elective surgery by medical professionals that resulted in a wrongful death, recovering over $450 Million along the way.
Contact our medical malpractice attorneys in Georgia as soon as you suspect a medical malpractice claim problem. This is because you only have so much time to file suit, plus collect all the incriminatory evidence, this needs to be done quickly, before records and witnesses disappear.
Dial our direct Atlanta office number at 404-565-1621 or use the toll free number that reaches all office location. You never pay a dime until we win, when our attorneys accept your case.
More Medical Malpractice Resources
If you’d like to learn more about medical malpractice lawsuits in Georgia then read our informative articles below. We explore every aspect of Georgia Medical Malpractice cases McArthur Law Firm handles.
- Anesthesia Errors
- Georgia Birth Injuries Lawyer
- Failure to Diagnose Cancer
- Hospital And Nursing Negligence
- Medication Errors
- Misdiagnosis and Delayed Diagnosis
- Surgical Errors
- Nursing Home Abuse
- Medical Malpractice Lawyers in Georgia: McArthur Law Firm
- Medical Malpractice Lawyer: Top Atlanta GA Injury Attorneys
- Medical Malpractice Attorneys in Georgia: FREE Consultation
- Lawyers Specializing in Medical Malpractice Near Me: Georgia
- Medical Malpractice Attorneys in Atlanta: Medical Error Law
