Statute of Limitations for Atlanta Medication Error Cases
When a medical professional commits an error regarding a patient’s medication, it can result in catastrophic injuries. After a situation such as this, you should take the time your need to heal. However, it is also important to note that there is a time limit for filing a claim.
If you are considering taking legal action, you should consider talking to a lawyer about the statute of limitations for Atlanta medication error cases. Our experienced attorneys are aware of these legal deadlines and could help you keep track of important dates concerning your claim.
What is the Statute of Limitations in Atlanta?
The statute of limitations is a deadline by which an individual must file a personal injury lawsuit. Most medication error cases in Atlanta will have a statute of limitations of two years from the date of injury. Patients who fail to meet this deadline risk having their claims barred, meaning they will not receive compensation for their losses.
Determining the Deadline for Filing a Medication Error Case
The amount of time a patient has to file a claim begins on the date he or she sustained the injury. For example, if a pharmacist gave a patient the wrong dosage of a drug on January 1, 2020, resulting in an overdose, that individual would have until January 1, 2022 to file a malpractice suit.
There are some very limited exceptions to the two-year statute of limitations. Patients who are unsure of the filing deadline for their legal claim should speak with an attorney right away.
Can the Trial Take Place After the Statute of Limitations Has Passed?
A prescription drug error trial can continue even after the statute of limitations has passed; many trials do not begin until after the deadline. As long as the injured patient filed the claim before the legal deadline, the case will not get thrown out for being untimely. However, a medical negligence claim could get thrown out for other reasons. It is best to talk to a lawyer about the potential legal roadblocks in a particular case.
How Can the Filing Deadline Impact the Amount of Damages Someone Could Receive?
If the injured party files his or her medication error lawsuit before the statute of limitations, there should be no impact on the amount of damages that person could obtain. However, those who miss the deadline will likely receive no compensation.
In some cases, filing too early could also present a problem. For example, if a patient submits the claim immediately after the accident and before seeking medical attention, he or she may not understand the full scope of the injuries. It is always beneficial to begin medical treatment and ask the doctor about the long-term impacts of a specific medical error before calculating one’s damages.
Call an Attorney Familiar with the Statute of Limitations for Atlanta Medication Error Cases
If a medical provider made a mistake regarding your prescription drugs, it is essential that you know the deadline to file your lawsuit. Our knowledgeable attorneys are familiar with the statute of limitations for Atlanta medication error cases, and we could help you understand how this legal deadline impacts your claim. Call us today to schedule a consultation and discuss your case with a legal professional.
