How many years can you wait to file a medical malpractice lawsuit in the death of a patient

Asked almost 4 years ago - Augusta, GA

how many years can you wait before you file suite

Attorney answers (4)

  1. Elmer H. Young III

    Contributor Level 15

    Answered . The timeshould not be measured in years!While the SL is 2 yrs. Much work needs to be done ahead of time. Have you obtained the medical records of the procedre from which you are complaining? Have they been reviewed by another doctor yet. Feel free to check my profile as you look for medmal lawyers in Augusta.

  2. Kimberly Waters Grant

    Contributor Level 8

    Answered . The statute of limitations in a medical malpractice wrongful death case is 2 years from the date of death. However, in order to file such a case in the State of Georgia, a qualified medical professional must first review the records and be willing to sign an Affidavit that individual(s) caring for the patient were negligent. Thus, do not wait until the last minute to contact an attorney to look into the potential case as it takes time to gather the appropriate medical records and secure an expert witness willing to review the records.

  3. Skyler Alexander Taylor

    Contributor Level 7

    Answered . This is one of those questions that should be asked of an attorney during an in-person consultation. There are many factors which would play a role in determining the length of time an individual has before the expiration of the statute of limitations.

    Medical malpractice cases are usually handled on a contingency fee basis. So, most attorneys do not charge for a consultation to determine if you might have a viable case. With this in mind, the best thing for you to do is to contact an attorney with medical malpractice experience as soon as possible.

    Best of luck to you!

  4. Andrew Daniel Myers

    Contributor Level 20

    Answered . The statute of limitations in Georgia is 2 years. But, you should see an attorney immediately if you have any thoughts of bringing a case to determine is the "discovery rule" applies to the facts of your case.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

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