When it comes to filing a medical malpractice claim in Lawrenceville, there are specific time limits that apply. The purpose of these time limits, called statutes of limitation, is to ensure that evidence remains fresh and that witnesses whose testimony could be important in the case remain available. According to Section 9-3-71 of the Georgia Code, under most circumstances, the time deadline to file a Georgia medical malpractice lawsuit seeking monetary compensation and damages is two years.
The clock begins to run from the date on which the patient suffered “death or injury that resulted from a healthcare provider’s negligent omission or act.” Negligent omissions and acts by a healthcare provider include anything that the healthcare provider might have done wrong in your case, such as making a serious medical mistake, failing to diagnose your medical condition, or committing an error while performing a surgery, injection, or other medical procedure.
The medical malpractice statute of limitations in Georgia also allows for an overarching five-year filing deadline (called a statute of repose). This deadline applies when discovering the medical provider’s error did not take place until some later point in time. Regardless of when the patient (or someone else) ultimately found the medical error, you must file any lawsuit against your healthcare provider within the five-year deadline following the discovery date.
In almost all cases, these time limitations are firm deadlines. In other words, if you fail to file the necessary lawsuit against your healthcare provider within the applicable deadline, you can no longer file a lawsuit or assert a claim for monetary compensation and damages at any point in the future.
However, there is an exception that applies when a surgeon negligently leaves an instrument or some other foreign body inside the patient before closing up a surgical wound. In that instance, the patient has a period of one year from the discovery date to file a lawsuit against the negligent healthcare provider. This deadline even applies if the regular two-year or five-year statutory deadlines have already run out.
Moreover, if the patient who was the victim of medical malpractice was less than five years old when the alleged medical malpractice happened, and when a patient is legally incompetent at the time of the alleged negligence, a court can toll the filing deadlines established by the Georgia statute of limitations. Doing so would then allow the patient more time to file a lawsuit arising out of the alleged medical negligence or malpractice.
Failing to abide by time limitations prescribed by the Georgia statute of limitations can have serious consequences in a medical malpractice case. By failing to file on time, you essentially waive your right to pursue and recover monetary compensation for the injuries you suffered that resulted from alleged medical negligence or malpractice. The skilled Lawrenceville medical malpractice lawyers at Brauns Law Accident Injury Lawyers, PC will be sure to file your case on time, maximizing your chances of recovering the compensation you deserve in an efficient and timely manner.
