Statutes of Limitations in Medical Malpractice Cases

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If you’ve been harmed by a healthcare provider’s medical negligence, you have the right to bring a malpractice claim against the provider. However, understanding the Georgia statute of limitations for medical malpractice claims is imperative. These deadlines dictate how long you have to file a lawsuit after suffering harm due to medical negligence. At Suthers & Harper, we help victims in Savannah navigate these complex rules and ensure their rights are protected.

What Is a Statute of Limitations?

A statute of limitations is the legal time frame within which a lawsuit must be filed. In Georgia, the general statute of limitations for medical malpractice cases is:

• Two years from the date of injury: This is the standard timeframe for filing a claim.
• Five years from the date of the negligent act or omission: This is the statute of repose, which bars claims filed more than five years after the negligent incident, regardless of when the injury was discovered.

Failing to file your claim within these time limits typically results in losing your right to seek compensation.

Exceptions to the Standard Statute of Limitations

Although the deadlines seem straightforward, there are several exceptions that may extend the time allowed to file a claim. Understanding these exceptions is vital, as they can provide relief to individuals who may not immediately realize they were harmed.

Discovery of Harm

In some cases, patients may not immediately know they were injured due to medical negligence. Georgia law allows for exceptions in situations where the harm could not have been reasonably discovered within the standard two-year timeframe.

• Example: A surgical patient develops severe abdominal pain years after the procedure. Imaging reveals that the surgeon left a foreign object, such as a sponge or instrument, inside the patient. The statute of limitations may begin on the date the injury was discovered rather than the date of the surgery.

Fraud or Concealment

If a healthcare provider intentionally conceals their negligence or the resulting harm, the statute of limitations may be tolled (paused) until the patient becomes aware of the fraud.

• Example: A physician knowingly falsifies medical records to hide a medication error that caused a patient’s severe allergic reaction. If the patient later uncovers the fraud, they may have additional time to file a claim.

Minors

For minors under the age of five, the statute of limitations does not begin to run until their fifth birthday. However, the statute of repose (five years from the negligent act) still applies.

• Example: A baby suffers brain damage due to birth injury. The family may file a claim on the child’s behalf up until the child’s seventh birthday, provided the claim is filed within five years of the injury.

Mentally Incapacitated Patients

If a patient is legally incapacitated or unable to make decisions due to mental incompetence, the statute of limitations may be tolled until they regain capacity.

• Example: A patient in a coma for several months following a surgical error may have the statute of limitations extended until they recover and can act on their own behalf.

Why Statutes of Limitations Are Strictly Enforced

Courts enforce statutes of limitations to ensure fairness for both plaintiffs and defendants. Over time, evidence can be lost, memories can fade, and witnesses may become unavailable. These deadlines create a sense of urgency and help maintain the integrity of the legal process.

However, this strict enforcement can disadvantage victims who may not immediately understand the full extent of their injuries or the role negligence played. That’s why it’s crucial to consult with a skilled Savannah medical malpractice lawyer as soon as possible to preserve your rights.

What Happens if You Miss the Deadline?

If you fail to file a medical malpractice lawsuit within the applicable statute of limitations, your case will likely be dismissed. This means you lose the opportunity to recover compensation for medical expenses, lost wages, and pain and suffering.

There are rare instances where exceptions may still apply, but they often require compelling evidence and legal expertise to argue successfully.

How to Protect Your Claim

To ensure you meet all filing deadlines and build a strong case, take the following steps:

• Seek Legal Advice Early: Consult with a Savannah medical malpractice lawyer as soon as you suspect negligence.
• Preserve Evidence: Keep detailed records of your medical care, symptoms, and communications with healthcare providers.
• Understand Your Timeline: Work with your attorney to determine how the statute of limitations applies to your case.

An experienced attorney will help you navigate these legal complexities and ensure your claim is filed on time.

Speak With a Savannah Medical Malpractice Lawyer Today

If you or a loved one has been harmed by medical negligence, it’s essential to act quickly to preserve your right to seek compensation. At Suthers & Harper, we’ve assembled a team of experienced Savannah medical malpractice lawyers committed to ensuring our clients recover the compensation they deserve. To learn more, and to schedule a free consultation with a lawyer at Suthers & Harper, give us a call at 800-320-2384. You can also reach us by completing our secure online contact form.