As a medical malpractice lawyer practicing in Atlanta and north Georgia, I am regularly asked by potential clients to review the facts surrounding possible medical malpractice claims to determine whether successful claims and lawsuits can be made against medical providers. The decision to pursue a medical malpractice claim is complicated. The costs involved regularly exceed tens of thousands of dollars and the chance of success is often slim. One of the first items I look at when reviewing a possible claim is whether the claim/lawsuit can me timely made. If it can't, there is no reason to look any further as to whether a claim can be made.
The time to bring a medical malpractice claim/lawsuit is called the statute of limitations. The statute of limitations for most medical malpractice cases is two years. Specifically, the O.C.G.A. ยง 9-3-71(a) provides in part: "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." This requires the injured person or the representative of someone killed to bring the claim within two years from the date the injury occurred, not two years from the date the malpractice occurred. It is important to remember and understand that the date of malpractice may be different than the date of injury.
This distinction most often becomes an issue in cases involving a misdiagnosis. Typically, the date of the injury is considered to be the date of a misdiagnosis. But in many cases the injuries sued for begin after the misdiagnosis. To allow the statute of limitations to begin before the patient could possibly be aware of the misdiagnosis would be unfair. In this situation, the statute begins to run from the date the symptoms manifest to the patient. In other words, when the injury occurs after the date of the negligent medical treatment, the statute of limitations runs from the date the injury is discovered.
There are exceptions to the general rule that medical malpractice lawsuits must be brought within the two year statute of limitations. The most notable are cases involving foreign objects and children. I will probably discuss these in a future blog. What is import to know is that medical malpractice lawsuits are the most complicated personal injury and wrongful death claims that are made in Georgia. You need to be sure to retain a lawyer that is experienced handling these types of cases. We are. Please do not hesitate to contact me if you would like to discuss whether you might have a valid claim for medical malpractice or to simply to discuss your situation. It would be my pleasure to speak with you.
