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(THE INFORMATION IN THIS SITE APPLIES TO GEORGIA ONLY)

The statute of limitations is a time limit or deadline for filing a lawsuit. If you file your suit after the deadline the suit will be thrown out. Each state has its own special requirements and some states allow extensions or have exceptions to their time limits. Although each state differs, these malpractice statutes of limitations may be as short as six months or as long as four years or more. Some states will postpone the running of the statute of limitations for an injured child until the child reaches a certain age. 

If you think you may have a claim for medical malpractice you should contact a malpractice lawyer in your state as soon as possible to learn the precise deadline in your state. There may be a great deal of work to do to prepare your case before it can be filed. Some malpractice lawyers will not even agree to investigate a potential case unless there are several months remaining on the statute of limitations. Another benefit to starting the claim as soon as possible is that sometimes there are important records that should be obtained if possible before they are destroyed or reduced to microfilm. The prompt collection of evidence may make a big difference in successfully proving your case.  It is far easier to prove a medical record has been altered if you have access to the original record rather than a microfilm copy.  

In Georgia the basic statute of limitations for medical malpractice is two years from the date on which an injury or death arising from a negligent or wrongful act or omission occurred. O.C.G.A. section 9-3-71(a). Georgia also has something called a statute of repose, which provides that even if the patient or family did not know about the malpractice, unless there is fraud, concealment, or misrepresentation, under no circumstances may a healthcare provider be sued for medical malpractice more than five years after the actual incident of malpractice. O.C.G.A.section 9-3-71(b).  Foreign object cases, however, may be brought any time within one year of discovering the object. Ga. Code Ann. section 9-3-72 (Supp. 1997). These limits apply to minors, except that the statute of limitations will never run prior to the minor's seventh birthday and the statute of repose will never run prior to the minor's tenth birthday. Ga. Code Ann. section 9-3-73 (1997). As with adults, if the negligent act involves a foreign object, the action must be brought within one year of discovering the object.  Keep in mind that if a minor is seriously hurt his parents may have a claim for some damages.  The parents' claim may be cut-off by the standard statute of limitations, even if the minor's claim may be extended because he is under age 7, or under age 10.  

The bottom line on the statute of limitations/statute of repose issue is that this area of the law can be tricky, and there are a few exceptions.  We have said it many times throughout this site:  If you think you might want to pursue a claim, contact an experienced medical malpractice lawyer without delay.   

Attorneys At Law SERVING ALL OF FLORIDA     ORLANDO 390 North Orange Avenue,   Suite 140 Orlando, Florida     32801 Phone:  (407) 843-0126     Fax:  (407) 849-1267 TAMPA BAY 2202 North West Shore Blvd., Suite 200 Tampa, Florida     33607 Phone: (813) 639-7644     Fax: (813) 639-7645   E-mail: info@floridamalpractice.com