Time Restrictions on Medical Malpractice Claims in Georgia
3/14/2011The goal of medical malpractice lawsuits is to help those who have been injured and suffered unnecessarily because of a medical professional's negligent error. While a successful medical malpractice claim can help victims recover damages for their injuries or the loss of a loved one, it can be difficult for a claim to succeed. (The Dover Law Firm's new book -- "Why Did This Critical Medical Error Happen to Me?" -- reveals 11 reasons why most medical malpractice victims receive nothing.)
Jeffrey H. Dover
Jeffrey H. Dover
In addition to several other potential pitfalls facing a medical malpractice claim in Georgia, one of the common reasons claims fail is that there is a relatively small window of opportunity for the claim to be filed within.
Though there are many time-related restrictions on medical malpractice lawsuits in Georgia, one of the biggest is known as the statute of limitations. Under this rule, if you sustain any injuries due to medical malpractice, you have just two years to file your claim. Though it may seem like plenty of time, two years can go by very quickly. One of the most important things to remember about medical malpractice lawsuits is that they take time to come together. Most cases require at least three months to evaluate a client's complaints, obtain medical records, review the records, perform medical research, locate an expert witness, and then file the suit with the appropriate affidavits attached.
In some cases, it may take victims quite some time to realize medical malpractice has occurred. If a year or more passes before the victim decides to pursue legal action, the statute of limitations can become an increasingly difficult deadline to meet.
It is important to remember that there are numerous other time restraints on medical malpractice suits in the state of Georgia, such as the statute of repose.
Understanding all of the potential restrictions on a medical malpractice case in Georgia can be very difficult for those who are unfamiliar with state laws. An experienced medical malpractice attorney can ensure that medical malpractice victims avoid missing any deadlines and can significantly bolster a claim's likelihood of succeeding in court.
Category: Medical Malpractice
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