Can I pursue a medical malpractice claim for injury that did not heal properly

Asked almost 6 years ago - Stone Mountain, GA

I was injuried on the job back in 2003 my ankle was broken in several places. The company doctor performed sugery, he placed industrial screws in my ankle which has not healed properly. As a result of this my ankle began to swell due to lack of physical therapy which I have been denied by the company and the state department of workers compensation. Please help if you can

Attorney answers (1)

  1. Kenneth L. Shigley


    Contributor Level 13

    Answered . Georgia has a pretty strict two year statute of limitation in medical malpractice cases. It runs from whenever you had symptoms that could have led you to discover that there was a violation of the standard of care. Denial of PT by the workers comp carrier would not be malpractice on the part of the surgeon. In short, I would not take the case on a contingent fee and advance the $30,000 to $60,000 expenses that would be required to properly prepare it for trial. Someone else might have another opinion. I hope you have a good lawyer on the workers comp case, though the recovery there is inadequate at best.

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