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What are Georgia Time Limits for Filing Medical Malpractice Suits?

Posted on December 24th, 2014 by Admin

States have time limits, called a statute of limitations, which prevent victims from filing a medical malpractice lawsuit after a certain amount of time has passed.  The statute of limitations is generally two years from the date the practitioner committed the medical malpractice.  However, this is one of those complicated legal areas.  When bringing a case, an Atlanta malpractice lawyer may have to convince the court that the case is still within the statute of limitations.

You see, other factors are also relevant, such as the victim’s age or the moment when the individual discovered that medical malpractice occurred.  When a doctor leaves a surgical instrument or sponge inside a patient, it may take years before complications arise and another doctor discovers the foreign object.  Taking this into consideration, Georgia statute, Title 9, Chapter 3, Article 4, § 9-3-72 allows victims a year to file a lawsuit after the foreign object is discovered.

There are also medical malpractice exceptions for injured minors under the age of five and individuals who are legally incompetent because of mental illness or mental retardation.  For children under five, parents and their lawyers have two years from the date of their fifth birthday to bring a lawsuit on behalf of the child.

If you suspect medical malpractice, it is best to consult an experienced attorney as soon as possible so you do not lose the opportunity to take legal action.  The Cochran Firm Atlanta is happy to answer your questions and evaluate the prospects of pursuing a case.

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