If a medical professional caused you or a loved one injury, you may be able to file a claim and hold him liable for any damages his negligence caused you. It is important to know, however, that per Georgia’s medical malpractice statute of limitations, you must do so quickly.
For help with a Georgia medical malpractice claim, call a Gwinnett County medical malpractice lawyer at Brauns Law today: 404-418-8244.
How long do I have to file a claim?
In Georgia, per O.C.G.A. § 9-3-71, the statute of limitations for medical malpractice is two years from the date of injury.
Georgia also recognizes a time limitation period for foreign objects left inside the body. Per O.C.G.A. § 9-3-72, if a medical professional leaves a foreign object (e.g., surgical sponge) in your body, you must file a claim within one year of discovery, referred to as the “discovery rule.”
Does the statute of limitations always apply?
In certain circumstances, Georgia’s statute of limitations periods for medical malpractice actions may be tolled.
“Tolling,” in short, means that you can pause the limitations period or delay it if certain conditions exist. Per O.C.G.A. § 9-3-73, even if the victim is legally incompetent because of mental illness or disability, or if she is a minor above the age of five, the statute of limitations period applies.
However, if the victim is below the age of five, and if the malpractice occurred before her fifth birthday, the statute of limitations will toll until her fifth birthday. In other words, she will have until her seventh birthday to file a claim. The statute of repose (discussed below) will run out on her tenth birthday.
It is important to note that the statute of limitations will also toll if the medical professional fails to answer a request for medical records. The tolling period will begin on the 22nd day following a receipt of the request; the period will end the day after you receive your medical records (or after you receive a response stating that the medical professional does not have the records).
You as the injured person, or your attorney, are the only person who may make this request for medical records.
To find out if the statute of limitations may toll in your case, talk to medical malpractice attorney David Brauns.
What is the statute of repose?
According to O.C.G.A. § 9-3-71, medical malpractice actions have a statute of repose of five years. Essentially, this means that you may not file your medical malpractice case five years after you received the medical services at issue. This is true even if, for example, the medical error did not become apparent until six years following the medical procedure. This five-year statute of repose may not be tolled.
Get Started on Your Medical Malpractice Claim Today
Please note that you must precisely follow these time limitation rules. If you fail to file your medical malpractice within the allotted time period, you will be unable to receive compensation for your injuries. David Brauns will help ensure that you file your claim — correctly — within the time limits.
Brauns Law will help gather evidence, set you up with an expert witness who can testify in your case, manage negotiations with the insurer, and represent your interests in court, if necessary.
Do not have the funds to hire a lawyer? Do not worry; we work on a contingency basis, which means our team gets absolutely nothing unless we win your case for you. Contact David Brauns today to set up a FREE, no-obligation consultation: 404-418-8244.