Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?

Yes, there is and that time limit is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. For medical malpractice claims, Georgia has a two­year statute of limitations and a five­year statute of repose. The statue of repose means that in no event may an action be brought more than five years after the date of the alleged negligent act. These limits apply to minors except that the limitation period will never run prior to the claimant`s seventh birthday and the statute of repose will never run until the child`s tenth birthday. The two­year limitation does apply to a parent`s claim for the child`s medical expenses. Foreign object cases may be brought anytime within one year of discovering the object. The term foreign object includes a chemical compound, fixation device, or prosthetic aid or device.

There are special claims presentation requirements for claims against state and local government. For claims against the state or the county, written notice must be presented within twelve months and prior to filing suit. For municipal government, you must present a written claim within six months of the alleged wrongful act.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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