Georgia Medical Malpractice Statute of Limitations

Medical malpractice happens in every state.  Therefore, laws must be in place to protect the patients misdiagnosed, not diagnosed at all, not given the medically acceptable standard of care, or denied care for an unreasonable amount of time.  Although the definition is standard, ever state provides laws regarding compensation for injury or death at the hands of a health care provider.  In Georgia, the court assesses liability, if there is more than one defendant, and each is responsible for the award according to his/her portion of blame.

Time Limits for Filing a Claim in Georgia

Georgia has a complicated statute of limitations for filing a claim of malpractice. In most cases, the former patient has two years to file suit from the time of the malpractice or when it was discovered.  If a foreign object is left in the body, the individual has one year from discovery or reasonable expectation of finding the problem. In cases of a minor, the statute cannot run before the seventh birthday, or until the tenth birthday.

Negligence Laws   

Florida also has its own set of negligence laws. For example, an affidavit from an expert witness is required, before the plaintive can bring the case before the court.  For detailed information, see the following chart:

Award Limits in Georgia

Award limits in Georgia are largely up to the discretion of the jury, when it comes to paying current and ongoing medical care.  However, punitive damages are limited to a quarter of a million dollars, unless the defendant had intent to harm the plaintiff.

Legal Help

To say the least, medical malpractice cases can be very difficult to present before the court.  Emotions are raw, and the stakes are high.  In order to make sure the court hears all of the facts, to come to a fair judgment, it is strongly advised to obtain the services of a legal professional.  Make sure the plaintiff has the money needed for medical care, or to replace lost income, if more than medical damages were incurred.