This article will explain the “statute of limitations” in Georgia and how it may apply to your situation.
What is the Statute of Limitations?
In Georgia, you generally have two years from the date you discovered your injury or illness caused by medical malpractice to file a lawsuit. “Injury discovered” doesn’t necessarily mean the day you got hurt. It’s the day you knew, or should have known, that your injury was caused by a healthcare provider’s mistake. For example, if you have surgery and experience ongoing pain months later, you might not discover the doctor made a mistake until a specialist diagnoses it. If you file a lawsuit after the statute of limitations has expired, your suit will eventually be dismissed. Not only will you have forfeited your right to obtain compensation for your damages, but you may also even have a judgment entered against YOU for the other side’s attorney fees and expenses in defending the case up until the time of dismissal.
There are a few exceptions:
Minors: The two-year statute of limitation may not cut off a child’s claim prior to turning age 7.
Mental Incapacity: If you were mentally unable to understand the situation due to your injury, the clock might be paused until you regain capacity.
Foreign Object Left Inside: For retained foreign objects, the two-year rule doesn’t apply. Instead, you have one year from the date you discovered the negligent act or omission, which is usually the date you first learned something was left inside you that was not supposed to have been left.
Statute of Repose:
Along with the statute of limitations, there’s another important deadline for medical malpractice claims called the statute of repose. Whichever deadline expires first is the one that will cut off your claim. Here’s how it works:
Statute of Limitations vs. Statute of Repose:
Statute of Limitations: This sets the time limit to file a lawsuit measured from when you discovered your injury or illness (2-years with some exceptions).
Statute of Repose: This creates a stricter, absolute deadline from the date of the alleged negligent act itself, regardless of when you discover the harm. Even if you haven’t discovered your injury or illness yet, a malpractice claim cannot be filed more than 5-years from the date of the actual malpractice occurrence.
Statute of Repose and Minors: There is an exception to the statute of repose when it comes to young children. The 5-year statute of repose cannot act to cut off the claim of a minor prior to the minor’s 10th birthday.
It’s crucial to speak with a medical malpractice lawyer as soon as possible to understand any filing deadlines that may apply to your case. Your lawyer will need time to gather your complete medical records and retain at least one medical expert witness who has reviewed the records and is willing to support the case in court. This can take anywhere from several weeks to 6 months!
Here is a link to the actual statutory language establishing the statute of limitations and statute of repose in Georgia.
Please contact us if you would like to obtain a free consultation about your possible case.