If you want to proceed with a medical malpractice lawsuit, you need to be aware of the statute of limitations. In Georgia, any action of medical malpractice can be filed in court up to two years after a death or injury occurred as the result of negligence.
You also have to review the statute with respect to injuries that do not manifest right away. In such cases, the law is based on a statute of repose. For example, if a medical error was made but the patient did not suffer harm until sometime afterwards, you have five years to file a case in court. Even if the error led to the death of the patient, it must be filed within a five-year time period. If a death happened, for instance, six years after the fact, you cannot bring a case to court.
Talk to a Lawyer before You Do Anything
It is these types of distinctions that make it necessary for you to schedule an appointment with a medical malpractice lawyer in Griffin, GA. That way, you can fully explain your case and make sure you are filing a lawsuit within the required timeframe.
An Exception to the Two-year and Five-year Deadlines
Indeed, it is important to speak with a medical malpractice lawyer, as there are exceptions to the two and five-year deadlines. For example, if a foreign object was left within your body following a surgery, you have one year from the time when the error was discovered. A foreign object may include a sponge or a surgical instrument.
Therefore, make sure you speak to a medical malpractice lawyer first before you proceed with a lawsuit. He or she can further explain the legal implications and the law so you know how to approach the issue. In Georgia it is also imperative that you file an expert affidavit with your complaint. Without this affidavit, your case will in all likelihood be dismissed.
Who to Contact in the Legal Field
You can find out further information about filing a medical malpractice lawsuit when you contact experts in the field. Learn more about filing a complaint by speaking to the legal team at Evans & Evans Attorneys at Law today. You can also connect them on Facebook.
