Phenix City, AL asked in Medical Malpractice for Georgia

Q: How long does someone have to file a malpractice lawsuit

i was injured 5 years ago and the condition has gotten so much worst due to nothing being done

Related Topics:
1 Lawyer Answer
Michael W. Horst
Michael W. Horst
  • Alpharetta, GA
  • Licensed in Georgia

A: The answer to this question is complicated. Generally speaking, patients have two years from the date of injury or death to bring a lawsuit for medical malpractice. However, the two year "clock" does not start running on the date the medical treatment was received unless an injury was suffered at that same time. If the injury does not manifest itself until some time after the treatment, the "clock" begins to run on the date the injury is discovered. Making matters even more complicated is that Georgia applies a statute of repose. It provides that the right to sue terminates after five years have passed from the negligent or wrongful treatment. In other words, even if the the injury does not manifest itself until more than five years after the negligent or wrongful treatment, the statute of repose prevents that patient from bringing suit.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.