Is it too late to file a file a law suit against the doctor?

Asked about 4 years ago - Brunswick, GA

In 2006 I was diagnosed with cancer. The doctor did a bone marrow biopsy on my lower pack to see if the cancer had spreaded that far. They let me know that after the procedure I would experience pain afterwards but not for long. Its been 4years and I still have back problems from that procedure. At the time I was 15 but I am now 19 and ready to see what I can do about this situation. My doctor I see for remission told me my vertebra may be damaged. I dont know the doctor that did the procedure(but i will be getting my med records pulled) Is it too late to sue him?

Attorney answers (5)

  1. Ralph Edward Hughes

    Contributor Level 9

    Answered . I'm sorry to hear about your problem. In Georgia, there is generally a 2 yr statute of limitations for medical malpractice actions. However, since you were a minor when the malpractice occurred, the 2 yr. statute doesn't begin to run until you are 18. There are exceptions to this general rule, so you need to contact an attorney immediately to ensure your rights are protected. Good luck. Ralph Hughes, Decatur

  2. Ralph Edward Hughes

    Contributor Level 9

    Answered . I'm sorry to hear about your problem. In Georgia, there is generally a 2 yr statute of limitations for medical malpractice actions. However, since you were a minor when the malpractice occurred, the 2 yr. statute doesn't begin to run until you are 18. There are exceptions to this general rule, so you need to contact an attorney immediately to ensure your rights are protected. Good luck. Ralph Hughes, Decatur

  3. Kimberly Waters Grant

    Contributor Level 8

    Answered . Without reviewing the records or knowing the cause of the back problems, it is difficult to say for sure. However, the fact that you were under 18 when the biopsy occurred does not matter. In medical malpractice cases, the 2 year statute of limitation applies to you too, as long as you were over the age of 5 at the time of the biopsy, which you were. OCGA 9-3-73. Generally, the 2 year statute of limitations would start from the time of the biopsy, but there are some exceptions to this rule, therefore I would consult a medical malpractice attorney to make this determination. If this were a routine personal injury case (non medical malpractice), you would have 2 years from the date of your 18th birthday to file suit.

  4. Jonathan P. Sexton

    Pro

    Contributor Level 12

    Answered . Unfortunately, because you were over the age of five when the negligence is alleged to have occurred, the two year statute of limitations does apply. There are exceptions to the rule which may or may not apply. The statute of limitations in medial malpractice cases is a complicated matter sometimes and you should consult with a medical malpractice attorney in your area.

  5. Steven Alan Fink

    Contributor Level 20

    Answered . There is a 2-year time limit to file a suit for medical malpractice after you turn 18. Consult a GA medical malpractice attorney to discuss your lawsuit.

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    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.




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    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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