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
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.
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