How Long Do I Have to File My Injury Claim?

I was taking a prescribed medication that ended up causing me injury. My injuries did not surface right away, so how long do I have to file an medical malpractice claim? - ALS, GA

Answer:

The state of Georgia typically gives the plaintiff, or moving party, approximately two years to file their medical malpractice claim. Anyone who files after the statute of limitations has already passed will give up their right to seek restitution for the injury that they sustained. This means that you only have two years from the date that the injury occurred in which to file your malpractice claim against the negligent party. This is also true in wrongful death cases. If you have lost a loved one or family member as a result of doctor or hospital negligence, then you have two years from the date of their death in order to file a lawsuit.

However, Georgia also has also has a discovery rule when it comes to medical malpractice cases. Not all injuries or symptoms of an injury will surface immediately after the accident or incident. If you are the victim of a defective product, a surgical error a dangerous drug, or any other malpractice act, then you are given two years from the date the injury is discovered in order to file your malpractice claim. So in cases like these, the two year rule does not go into effect until the injury is discovered by the victim. However, there is a limit to this grace period. If you go five years from the day of the accident, before noticing your injury, then you may not be able to file a lawsuit. If the medical malpractice case is involving a minor or a small child, then the statute of limitations may vary. If you would like to find out how much time you have to file your case, speak with an Atlanta medical malpractice lawyer from The Tolson Firm, LLC today!

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