Statute of Limitations in Atlanta Medical Malpractice Cases
The statute of limitations in Atlanta medical malpractice cases could be defined as the deadline that establishes time limits in which someone must file their lawsuit. The statute of limitations in an Atlanta medical malpractice case is two years from the date in which an injury or death resulted from medical malpractice.
By contacting an adept medical malpractice attorney, you could learn more about your rights and when a good time to file your suit may be. Contact a passionate medical malpractice attorney at our firm who could go the extra mile to defend your case. En Español.
Varied Statute of Limitation in an Atlanta Medical Malpractice Suit
In medical malpractice, the statute of limitations may be different depending upon the case. For example, cases that may involve a surgery where a physician or a nurse has left an object in a patient may require a varied statute of limitations. Due to the fact, that a patient may not know or realize that something was wrong, the limitations may need to be re-evaluated. The statute of limitations in that kind of a case, which is called a foreign object case, could be one year from the discovery of the foreign object.
It may also vary in some cases of a misdiagnosis where the patient may not discover the misdiagnosis until later, or when minors are involved. There is also another important deadline, called the statute of repose, that is set at five years in medical malpractice cases. The statute of repose provides that you may not bring a medical malpractice lawsuit five years after the injury.
Calculating the Statute of Limitations
The statute of limitations could be calculated from whenever the injury or death occurred. The statute of limitations in Atlanta medical malpractice cases could begin right after the alleged incident occurs and lasts up until two years following the accident.
In the case of minors, if the child is younger than five years old when the malpractice occurs, the parents have until age seven to file a medical malpractice suit on their behalf. If the child is five years or older, the normal two-year statute of limitations applies. The same could refer to someone with a disability, in which the statute of limitations is still two years.
What Happens if the Trial Goes Beyond The Statute of Limitations?
When the person has their lawsuit filed before the expiration of the statute of limitations in Atlanta medical malpractice cases, the case could proceed and go to trial even after the statute of limitations has expired. A problem could arise if they discover later that other parties are responsible, they may be prohibited from adding the parties to the case after the statute of limitations.
A trial’s length may not impact the damages the injured party might receive if a person is not adding any new parties. However, no special allowances could be made for trials that extend beyond the statute of limitations. If they have another party that is responsible and they figure that out after the statute of limitations, they could be prohibited from adding them and could not recover damages from that party.
Seeking the Services of an Atlanta Medical Malpractice Attorney
The statute of limitations calculations may be difficult to understand. When someone misses the statute of limitations in Atlanta medical malpractice cases, they may not be allowed to proceed with a lawsuit. Get in contact with a caring lawyer from our firm that could understand the expectations of this type of case and represent you properly.
