Statute of Limitations in Medical Malpractice Cases

If you have suffered due to negligent care from a medical professional, you may have the grounds to file a medical malpractice claim. Malpractice claims allow people who have suffered harm due to negligence on the part of a healthcare professional to sue for compensation to cover damages caused by the provider’s inadequate care.

If you are planning on filing a malpractice suit it is important to realize that these claims are governed by a strict statute of limitations. A statute of limitations is an imposed time limit, after the alleged incident occurs, in which you can file a lawsuit.

The nature of medical malpractice cases creates some differences in how the statute of limitations is imposed in these specialized cases. Read more about how these differences may affect your malpractice claim from the medical malpractice lawyers at Kaplan & Lukowski.

How Statute of Limitations Works in Medical Malpractice Claims

A statute of limitations in generic lawsuits operates in a very straightforward way, as the alleged injury or damage can be pinpointed to a specific date, on which the statute of limitations clock can begin. In medical malpractice cases, however, the symptoms or injury from negligent care may take months or even years to present themselves.

The statute of limitations varies by state and can be from one to five years after the injury and six months to three years after discovery. Some states also impose a maximum deadline in which to file a claim, which begins after the initial treatment.

Statute of Limitations for Medical Malpractice in Georgia

As the statute of limitations laws vary so widely from state to state, it is important to fully understand and read into the laws governing the specific state in which you are looking to file a claim, to ensure that the statute of limitations has not run out.

In Georgia, a patient can file a malpractice claim against a healthcare professional up to two years after the injury occurs, which is usually but not always when the malpractice occurred. In a limited number of cases the two year statute of limitations may not start when the malpractice occurred. For example, if a surgeon left a piece of gauze in a patient that caused injury or harm, that patient could have additional time to file a claim under Georgia law. There are technical rules about when a patient may have more than two years to start a medical malpractice claim which the attorneys at Kaplan & Lukowski, LLP can discuss with you.

Get More Information About Medical Malpractice Statutes of Limitations

Our team has the experience and knowledge to help you understand the complicated legal landscape of malpractice cases. If you think that you have a medical malpractice case, the best thing to do is to contact the legal team at Kaplan & Lukowski, LLP so that we can review your unique situation, even if you are unsure if the statute of limitations has run out.

Call us at (404) 845-0012 or fill out our online contact form to learn more about how the statute of limitations may affect how much time you to have to file your claim.