If you have recently experienced medical malpractice or are advocating for a loved one whose medical treatment resulted in injury or death, you may wonder how long you have to take action, file a lawsuit, and pursue compensation for the malpractice.
Let’s dive into the specifics of Georgia’s statute of limitations regarding medical malpractice cases, how long you have to file a lawsuit, and other common concerns about pursuing your case.
What Does Statute of Limitations Mean?
A statute of limitations is the window in which someone can file a lawsuit against a party and legally accuse them of wrongdoing. A statute of limitations applies to nearly all state and federal court cases, whether civil or criminal. The only two types of crimes that do not have statutes of limitations are:
- Murder
- Serious felonies (kidnapping, armed robbery, rape, etc.) wherein DNA evidence can prove the perpetrator’s identity.
If someone within their right to file a claim fails to do so in the allotted time as determined by federal or Georgia law, the victim will not be able to pursue legal action for that particular case.
Before filing a lawsuit against a doctor or medical provider, be sure you are still within the statute of limitations for medical malpractice.
What Is the Statute of Limitations for Medical Malpractice in Georgia?
In personal injury cases, including cases involving injury or death due to medical malpractice, the statute of limitations is typically two years from the date of the injury or death. For instance, if a patient received negligent or substandard care from a medical professional that resulted in injury on January 1, 2023, the patient has until January 1, 2025, to pursue legal action against their provider. Similarly, if a patient passes away due to a provider’s malpractice, the patient’s family has two years from the date of death to file a claim.
However, no two medical malpractice cases are exactly alike, and not all are cut and dried. While two years is the standard allotment of time to take action against a medical professional for malpractice, certain situations, conditions, or circumstances can extend the window beyond the two-year period.
Some patients may not realize they experienced complications until weeks, months, or even years after receiving treatment. If you or a loved one received medical care and did not immediately realize an injury due to negligence occurred, your two-year window can begin as soon as it becomes clear that malpractice was involved. The statute of limitations will shift from the starting date of the treatment, procedure, or care to the date the injury was realized, as long as the point of discovery falls within the statute of repose period.
In most cases that involve death due to malpractice, the two-year period will begin the day the patient passes.
What Is a Statute of Repose?
While the statute of limitations puts a time limit on when you may file a claim against someone for wrongdoing, the statute of repose caps the period at a definite point, limiting victims from pursuing compensation if their circumstances allow them to file beyond the standard window of time determined by the statute of limitations.
In medical malpractice cases in Georgia, the statute of repose is five years after the medical act that led to injury or death. This means that a patient has a maximum of five years after the malpractice occurred to file a claim before the statute of repose prevents them from pursuing any legal action.
What does this look like in practice? Let’s say that a patient undergoes treatment for a spinal injury and receives negligent care on January 1, 2023. However, any resulting injuries do not appear until January 1, 2027. The patient has until January 1, 2028, to file a claim against the provider. Otherwise, they will not be able to pursue compensation for the injury or losses due to the injury. If the patient realizes medical malpractice occurred after January 1, 2028, they will likely be unable to take legal action.
A Medical Malpractice Lawyer Can Help Navigate Statutes of Limitations or Statutes of Repose
The statute of limitations or statute of repose can complicate the timelines for many victims of medical malpractice, especially when injuries appear after the two-year window or close to or after the five-year cap has passed. When circumstances cause your case to extend beyond these allotments, pursuing justice can become more challenging and complex.
By partnering with a quality medical malpractice lawyer, you may be able to still pursue and receive the compensation you deserve. Your attorney will evaluate your case, examine the evidence, and help you navigate your next steps. If a lawsuit is still viable, your attorney will advocate for you and fight for your best outcomes.
The expert attorneys at Clark, Smith & Sizemore understand Georgia’s medical malpractice laws and will fight for injured patients! Call us today for a free consultation: 478-254-5040
Thank you for reading our six-part series on medical malpractice. If you missed any of our previous articles or would like to revisit one, check them out here:
- Georgia’s Medical Malpractice Laws, Explained
- Stay Alert When It Comes to These 6 Types of Medical Malpractice
- 4 Signs of Medical Malpractice That Could Affect You or Your Loved Ones
- 5 Benefits of Hiring a Medical Malpractice Lawyer
- Understanding Medical Malpractice vs. Negligence
- What Is the Statute of Limitations for Medical Malpractice?