At The Mabrey Firm, we understand that dealing with medical malpractice can be an overwhelming experience. If you or a loved one has been harmed by medical negligence, you might be wondering about the time limits for filing a lawsuit. Knowing the statute of limitations for medical malpractice claims in Georgia is crucial to ensuring that you don’t miss your chance for legal recourse.

Understanding the Statute of Limitations

In Georgia, the statute of limitations for medical malpractice lawsuits is generally two years from the date of the alleged malpractice. This means you have a two-year window to file your claim, starting from the date when the injury occurred or when you reasonably should have discovered the injury. This time frame is designed to ensure that claims are brought while evidence is still fresh and witnesses’ memories are still accurate.

Key Factors Affecting the Time Limit

1. Discovery Rule: Georgia’s statute of limitations includes a “discovery rule,” which means that the two-year period may start from the date you discover, or should have discovered, the injury caused by the malpractice. This is important for cases where the harm may not be immediately apparent.
2. Minors and Incapacitated Individuals: If the patient is a minor (under 18 years old) or is legally incapacitated at the time of the malpractice, the statute of limitations is extended. For minors, the time limit typically extends until the child turns 18, plus an additional two years, giving them until their 20th birthday to file a claim. For incapacitated individuals, the statute of limitations is paused until the person regains capacity.
3. Exceptions and Special Circumstances: In some cases, exceptions to the standard statute of limitations may apply. For example, if a healthcare provider fraudulently conceals the malpractice, the statute of limitations might be extended. Consulting with an experienced attorney can help determine if any exceptions apply to your case.

 Why Timely Action is Crucial

Taking action within the statute of limitations is essential for several reasons:

• Preservation of Evidence: Over time, evidence can deteriorate or be lost. Early action helps preserve critical medical records and other evidence necessary for your case.
• Witness Testimony: Witnesses’ memories can fade, making it harder to obtain accurate testimonies if too much time passes.
• Legal Strategy: The sooner you start the legal process, the more time you have to build a strong case, negotiate settlements, or prepare for trial if necessary.

How The Mabrey Firm Can Help

At The Mabrey Firm, we are dedicated to helping you navigate the complexities of medical malpractice claims. Our experienced attorneys can provide you with a thorough understanding of the time limits applicable to your specific situation and help you take timely action to protect your legal rights.

If you suspect that you have been a victim of medical malpractice, don’t wait to get in touch with us. Contact The Mabrey Firm today to schedule a consultation and discuss your case with one of our knowledgeable attorneys. We’re here to guide you through every step of the process and fight for the justice you deserve.