Georgia Statute of Limitations for Medical Malpractice
A statute of limitations is a law that sets a deadline for filing a lawsuit. Its purpose is to ensure fairness in the legal system. Evidence can become weaker over time, and memories can fade. Statutes of limitations protect defendants from being sued over events in the distant past. Below is our guide for the Georgia Statute of Limitations for Medical Malpractice.
Two Years is Standard for Most Georgia Cases
In Georgia, if you are a victim of medical malpractice, you generally have two years to file a lawsuit. This period starts from the date of the injury or death. This law is outlined in Georgia Code § 9-3-71.
For example, if a doctor makes a mistake during surgery and causes an injury, the statute of limitations runs two years from the surgery date. If a doctor makes a mistake during a surgery that causes the patient to die two weeks later, the statute of limitations runs two years from the date of the death.
Retained Foreign Object Cases
The deadline for “retained foreign object” cases is a little different. These are cases that involve a doctor or nurse negligently leaving a sponge, tool, or other object inside a patient during surgery. Georgia Code § 9-3-72 gives the patient one year from the date the object is discovered to file a lawsuit.
But Sometimes Deadlines Can be Longer or Shorter than Two Years
The standard two-year deadline does not always apply. Georgia Code § 9-3-73 provides an extended cut-off date for filing a lawsuit in certain circumstances. These situations include when the injured person is a minor or not legally competent to bring a lawsuit.
Suing Governmental Entities Can Trigger Shorter Deadlines
An ante litem notice (a Latin phrase that means “before the lawsuit”) is one of the trickiest parts of the Georgia legal process. It’s mandatory if you plan to sue a government entity for personal injury. The notice lets the government agency know you have a claim and intend to file a lawsuit. Depending on the type of governmental entity you’re suing, you typically have between six months to a year to file the notice. Missing this deadline will almost certainly end your lawsuit before it even starts.
The notice must include all of the crucial details. Among them are the name of the agency you intend to sue, the date and place of the incident, what kind of injury you suffered, and the amount of money you’re seeking. And it must be served on the government entity following specific procedures (usually certified mail or statutory overnight delivery). There might also be a requirement to serve a copy personally.
In a nutshell, ante litem notices can be problematic even for the most seasoned attorneys. Get an experienced Georgia attorney involved promptly to ensure your rights are protected if your claim potentially involves the government (or a person employed by a government).
Speaking with an Attorney is the Safest Option
Understanding the statute of limitations can be complicated. If you have questions, we’re happy to help. To get started, call 404.373.8466 or visit us today.
