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.

Speak to an Experienced Medical Malpractice Attorney Today

This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medical malpractice lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical malpractice attorney to discuss your specific legal situation.

Additional Medical Malpractice Articles

Search LawInfo's Medical Malpractice Resources

">