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What Are the Exceptions to the Statute of Limitations in Georgia Medical Malpractice Cases?

November 25, 2019

Home » Blog » What Are the Exceptions to the Statute of Limitations in Georgia Medical Malpractice Cases?

In many GA medical malpractice cases, victims become aware of their rights only long after the malpractice occurred or wait too long before taking action. Some hear that the statute of limitations for malpractice actions in Georgia is of two years and, if it passed, they never seek compensation.

No one should give up a claim without consulting a lawyer. Malpractice can take many forms, and some of them are subject to different limitations. It may be possible to seek compensation even after the two years have passed. A consultation with a medical malpractice attorney can help victims assess whether their case qualifies as an exception to the standard, two-year statute of limitations.

Limitations on Actions Regarding GA Medical Malpractice Cases

GA Code Title 9 Chapter 3 art. 14 sets the deadlines for malpractice actions. Here is a brief summary of its stipulations:

  • Unless otherwise stipulated in the article, all actions for medical malpractice should be initiated within two years. The deadline starts running on the day when the death or injury caused by the wrongful or negligent act occurred.
  • Under no circumstances can malpractice actions be initiated after more than five years from the wrongful or negligent act.
  • For minors who fall victim to malpractice before the age of five, the two-year deadline starts running when they turn five.
  • For intellectually disabled malpractice victims, the two-year deadline starts running on the day of their recovery. However, they cannot wait for more than five years from the date when the malpractice occurred.
  • For cases involving foreign objects left in the patient’s body, the deadline for taking action is of one year from the object’s discovery date.
  • In rare cases, if the malpractice victim can prove that they discovered their injuries later, the statute of limitations may start running on the discovery day.

The easiest way to assess how these stipulations apply to a particular case is to consult a medical malpractice attorney. The latter will review the case details and determine whether the respective case may qualify as an exception. If it does not, the malpractice victim will at least know that they tried. If it does, the lawyer can advise them and guide their steps.

It is important to note that the special circumstances need to be proven, and this is better left to an experienced Albany medical malpractice lawyer. Without solid evidence of the special circumstances, delayed medical malpractice claims will be rejected.

How Can a Medical Malpractice Lawyer Prove Exceptions to the Statute of Limitations?

It is obvious that in the case of minor victims, exceptions can be proven by corroborating their birth date (the documents attesting it) with the medical documents showing when the malpractice occurred. When it comes to intellectually disabled victims, medical certificates confirming their disability and third party evaluations confirming it will help.

Things get a little more difficult when it comes to proving late discovery. The claimant will need solid evidence and even witnesses. They will need to prove not only the malpractice and that they discovered their injury later but also that they could not have possibly discovered it earlier.

The usual expert affidavit that could be enough in a malpractice case filed on time will no longer suffice. Further expert testimonies, medical reports and evaluations, and even precedent case examples will be necessary. Obtaining them could be a challenge for the average person but it is a mere routine for an experienced medical malpractice lawyer.

An important aspect to take into account is that many Albany medical malpractice lawyers provide free preliminary consultations. They also accept contingency agreements. This means that malpractice victims turning to them do not have to pay for the first consultation.

If the lawyer determines that they have a case and they decide to hire legal help, they will only pay for it when they win, if they do. This eliminates risks and maximizes benefits for malpractice victims and their loved ones. It increases their recovery chances, saves them time and effort, and offers them peace of mind.

Schedule a Free Consultation with a Georgia Medical Malpractice Lawyer Now!

Why give up your case without a fight and live with the doubt when there is a better, risk-free way? You can call Joe Durham Jr., P.C. to schedule a free case review, and obtain the answers and solutions you need. If your case qualifies as an exception and you can still seek compensation, our Albany malpractice lawyer will gladly take over the hassles!