The Statutes of Limitations in Georgia Medical Malpractice Claims

Under Georgia law, a person who is injured or suffers health damage due to medical errors on the part of a healthcare provider can file a claim for damages. Likewise, the family of those who have died due to medical errors can file a wrongful death claim for damages. A critical factor in these claims is the statute of limitations, which provides the window of opportunity that a potential claimant has in which to file. If the claimant fails to file his or her claim within the designated time frame, he or she will lose their right to do so.

In regards to medical malpractice claims, you will generally have two years to file a claim. Those two years may start at the moment when you were injured or at a time when you should reasonably have discovered the injury. In many cases, a patient may have some type of medical treatment which does not immediately signal that an injury has occurred. Symptoms and signs that health damage has been incurred may take weeks, months, or a year later. Thus, your statute of limitations will not begin until you discover the fact that an error or deviation from accepted standards of medical care has occurred which has led to your deteriorated condition.

Those who have lost a family member due to incompetence by a healthcare provider will have two years from the date of the death of their loved one to file a medical malpractice claim. Another statute also affects medical injuries, called the "statute of repose," which can further complicate this issue. This statute allows the injured patient up to five years after the injury has occurred to file a claim. To sort out this often complex issue as applied to your case, it is best to consult an attorney who focuses on medical malpractice cases.

Atlanta Medical Malpractice Law Firm

Medical malpractice cases are among the most complex and difficult of all injury claims. They are subject to complex rules regarding statutes of limitations and often require expert witnesses familiar with the medical practices and procedures related to the specific injury, treatment, and medical condition of the claimant. That is why an attorney knowledgeable and experienced in handling these types of cases is needed to maximize your chance of obtaining fair and just legal compensation.

The Tolson Firm, LLC, which is located in Atlanta, focuses on medical malpractice cases. Lead attorney Tolson has gained a reputation for excellence in this field and has successfully litigated dozens of multi-million dollar cases over her 16-year history. Due to its outstanding legal ability, the firm has achieved a 10 out of 10 Superb rating by Avvo along with other recognitions from Super Lawyers and the American Trial Lawyers Association. Learn what you should do in regards to your potential claim by contacting the firm for a free case evaluation as soon as you determine an injury or death has been caused by medical malpractice.