Is there time to file a medical malpractice suit?
This is one of the most important questions when considering a medical malpractice claim. In fact, the first task of a trial attorney is to determine if the state codified statute of limitations or statute of repose allows sufficient time to prosecute a valid claim. In Georgia, you have a limited period of time after an injury to file a medical malpractice claim. The suit must be filed within two (2) years of the date an injury or death has occurred as a result of a negligent or wrongful act, or omission.
Realistically, it takes several months to perform the research, review medical records, find experts, produce an affidavit, and file suit. Frequently, during the process, we discover that someone other than the original defendant was negligent and the suit has to be amended. For this reason, we believe that the necessary research should be done before the suit is filed. Time is of the essence. If there is insufficient time left, it may not matter that your claim is valid.
Critical questions like this can only be answered after a thorough review of the facts of the case. We require that you be honest with us. Do not hide anything from your counsel. Just give us an honest statement of facts. Unless there are glaring faults in your case, we will obtain the pertinent medical records. Once received, we will review them thoroughly. If your case appears meritorious, we will consult with appropriate experts.