Statute of Limitations for Atlanta Emergency Room Malpractice Cases
The statute of limitations for Atlanta emergency room malpractice cases is the legal deadline by which you must file your claim. Anyone who misses the deadline will most likely have their case barred by the court. This could prevent you from receiving any compensation for your injuries. If you have a diligent lawyer helping you keep track of this deadline, you can focus on your physical recovery.
What is the Statute of Limitations for ER Malpractice Cases in Atlanta?
Generally, the statute of limitations in Atlanta is two years from the date of the injury. However, there may be some exceptions with medical malpractice cases, including the delayed discovery of the medical condition and claims involving minors.
Foreign Objects
For example, if someone undergoes surgery in the emergency room, and the medical provider leaves a surgical sponge in the patient’s body, it may take a while for the object to be discovered. In cases like these, the statute of limitations does not run until one year after the foreign object is discovered.
Cases Involving Minors
When a child under five years of age is harmed due to an ER error, his or her parent has until the child reaches age seven to file a case. This law is outlined under O.C.G.A. § 9-3-73. An attorney in the area would encourage parents and injured ER patients to seek legal help and file as soon as possible, as there is not much that can be done once the deadline has passed.
What Happens When a Case Exceeds the Statutory Filing Deadline?
A claim filed after two years from the date of injury or death is subject to dismissal in most cases. However, there are limited circumstances in which the court may allow these cases to be heard. Nevertheless, it is crucial to be aware of the five-year statute of repose, after which no claims will be considered under any circumstances.
Can the Trial Extend Past the Statute of Limitations?
Once a lawsuit has been timely filed, the statute of limitations has been met. The case can still be tried after that date. Most cases are not tried until more than two years after the incident.
Retain an Attorney When Dealing with the Statute of Limitations for Atlanta Emergency Room Malpractice Cases
While recovering from your injuries should be your top priority after an error in the emergency room, you must also consider the importance of statute of limitations deadlines. If your case is not filed timely, it could be thrown out entirely. If a negligent medical provider caused your damages, you should not have to bear the financial burden of costly surgeries and rehabilitative treatment.
Thus, it is essential to consult with an experienced attorney who can advise you on the statute of limitations for Atlanta emergency room malpractice cases. At Warshauer Woodward Atkins, our legal team could investigate your situation to determine whether or not you have a valid claim before the legal deadline. Do not hesitate to give us a call today to set up a free consultation.
