McMillen Law Firm, A Professional Association | CALL US | |
| WE ACCEPT MALPRACTICE CASES ALL OVER GEORGIA |
|
|
|
STATUTE OF LIMITATIONS |
(THE INFORMATION IN THIS SITE
APPLIES TO GEORGIA ONLY)
Disclaimer: This is only one of the important Georgia Code sections that might apply to your medical malpractice claim. It is supplied here only for general background information and should not be relied upon without reviewing your legal situation with a lawyer and also making sure you are using the annual version of the code that applies to your situation. That may or may not be the version of the code that was in existence on the date of the incident. Other codes and case law may also apply.
9-3-71 to 9-3-73
9-3-71. General limitation
(a) Except as otherwise provided in this article, an action for
medical malpractice shall be brought within two years after the date
on which an injury or death arising from a negligent or wrongful act
or omission occurred.
(b) Notwithstanding subsection (a) of this Code section, in no event
may an action for medical malpractice be brought more than five
years after the date on which the negligent or wrongful act or
omission occurred.
(c) Subsection (a) of this Code section is intended to create a
two-year statute of limitations. Subsection (b) of this Code section
is intended to create a five-year statute of ultimate repose and
abrogation.
(d) Nothing contained in subsection (a) or (b) of this Code section
shall be construed to repeal Code Section 9-3-73, which shall be
deemed to apply either to the applicable statutes of limitation or
repose.
HISTORY: Code 1933, §
3-1102, enacted by Ga. L. 1976, p. 1363, § 1; Ga. L. 1985, p. 556, §
1.
9-3-97.1. Tolling of limitations for medical
malpractice
(a) The periods of limitation for bringing an action for medical
malpractice as provided in Code Sections 9-3-71 and 9-3-72 shall be
tolled if:
(1) The injured person or his duly appointed attorney makes a
request by certified or registered mail or statutory overnight
delivery, return receipt requested, upon any physician, hospital, or
other health care provider for medical records in their custody or
control relating to such injured person's health or medical
treatment which medical records the injured person is entitled by
law to receive;
(2) The request, if made by an injured person's duly appointed
attorney, has enclosed therewith a properly executed medical
authorization authorizing release of the requested information to
said attorney;
(3) Such request expressly requests that the medical records be
mailed to the injured person or his attorney by certified or
registered mail or statutory overnight delivery, return receipt
requested and states therein that the requested records are needed
by the injured person for possible use in a medical malpractice
action;
(4) The injured person or his attorney has promptly paid all fees
and costs charged by such physician, hospital, or other health care
provider for compiling, copying, and mailing such medical records;
and
(5) Such medical records or a letter of response stating that the
provider does not have custody or control of the medical records has
not been received by the injured person or his attorney within 21
days of the date of receiving such request. Such periods of
limitation shall cease to run on the twenty-second day following the
day such request was received and shall resume on the day following
the date such medical records, or response stating that the provider
does not have custody or control of the medical records, are
actually received by such injured person or his attorney; provided,
however, that such periods of limitation shall be tolled only once
for any cause of action.
(b) Any action filed in reliance upon a tolling of the statute of
limitations as authorized by this Code section shall contain in the
complaint as first filed allegations showing that the plaintiff is
entitled to rely upon the provisions of this Code section, and said
complaint as first filed shall have attached thereto as exhibits
copies of the request, medical release, and evidence of mailing and
receipt by certified or registered mail or statutory overnight
delivery.
(c) Notwithstanding any other provision of this Code section, no
period of limitation shall be tolled for a period exceeding 90 days
except as provided in this subsection. In the event the procedure
set forth in subsection (a) of this Code section has been followed
by an injured person but the requested records or a letter of
response stating that the provider does not have custody or control
of the medical records have not been received within 85 days, the
injured person shall have the right to petition the court for an
order tolling the period of limitation beyond the 90 days and
requiring the delivery of the medical records originally requested
or a letter of response stating that the provider does not have
custody or control of the medical records.
(d) It is intended that the provisions of this Code section tolling
the statute of limitations for medical malpractice under certain
circumstances be strictly complied with and strictly construed.
HISTORY: Code 1981, §
9-3-97.1, enacted by Ga. L. 1989, p. 419, § 2; Ga. L. 2000, p. 1589,
§ 4.
9-3-72. Foreign objects left in body
The limitations of Code Section 9-3-71 shall not apply
where a foreign object has been left in a patient's body,
but in such a case an action shall be brought within one
year after the negligent or wrongful act or omission is
discovered. For the purposes of this Code section, the term
"foreign object" shall not include a chemical compound,
fixation device, or prosthetic aid or device.
HISTORY: Code
1933, § 3-1103, enacted by Ga. L. 1976, p. 1363, § 1; Ga. L.
1985, p. 556, § 2.
9-3-73. Certain
disabilities and exceptions applicable
(a) Except as provided in this Code section, the disabilities
and exceptions prescribed in Article 5 of this chapter in
limiting actions on contracts shall be allowed and held
applicable to actions, whether in tort or contract, for medical
malpractice.
(b) Notwithstanding Article 5 of this chapter, all persons who
are legally incompetent because of mental retardation or mental
illness and all minors who have attained the age of five years
shall be subject to the periods of limitation for actions for
medical malpractice provided in this article. A minor who has
not attained the age of five years shall have two years from the
date of such minor's fifth birthday within which to bring a
medical malpractice action if the cause of action arose before
such minor attained the age of five years.
(c) Notwithstanding subsections (a) and (b) of this Code
section, in no event may an action for medical malpractice be
brought by or on behalf of:
(1) A person who is legally incompetent because of mental
retardation or mental illness more than five years after the
date on which the negligent or wrongful act or omission
occurred; or
(2) A minor:
(A) After the tenth birthday of the minor if such minor
was under the age of five years on the date on which the
negligent or wrongful act or omission occurred; or
(B) After five years from the date on which the negligent
or wrongful act or omission occurred if such minor was age five
or older on the date of such act or omission.
(d) Subsection (b) of this Code section is intended to create a
statute of limitations and subsection (c) of this Code section
is intended to create a statute of repose.
(e) The limitations of subsections (b) and (c) of this Code
section shall not apply where a foreign object has been left in
a patient's body. Such cases shall be governed by Code Section
9-3-72.
(f) The findings of the General Assembly under this Code section
include, without limitation, that a reasonable relationship
exists between the provisions, goals, and classifications of
this Code section and the rational, legitimate state objectives
of providing quality health care, assuring the availability of
physicians, preventing the curtailment of medical services,
stabilizing insurance and medical costs, preventing stale
medical malpractice claims, and providing for the public safety,
health, and welfare as a whole.
(g) No action which, prior to July 1, 1987, has been barred by
provisions relating to limitations of actions shall be revived
by this article, as amended. No action which would be barred
before July 1, 1987, by the provisions of this article, as
amended, but which would not be so barred by the provisions of
this article and Article 5 of this chapter in force immediately
prior to July 1, 1987, shall be barred until July 1, 1989.
HISTORY: Code
1933, § 3-1104, enacted by Ga. L. 1976, p. 1363, § 1; Ga. L.
1987, p. 887, § 2.
|
This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Malpractice laws vary from state to state and are constantly changing. If you think you may have a malpractice case you should promptly contact a lawyer in your state with experience in handling malpractice cases. |
Copyright 1997-2010 - McMillen Law Firm * A Professional Association |
|