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What is the statute of limitations for medical malpractice in ga?

Rossville, GA |

A friend was injured at work. Company recommended doctor broke catheter off in back.this happened almost four years ago. Everyone involved seems to avoid the issue. She has been told eventually this could be very damaging. From day one they have sent her to doctor after doctor trying to say she was not hurt. But 1st X-rays show bulging disc. 45 years old ,once full of life. 45 now and no life only pain and pain meds feeling 60. It is a disgrace to not want to take care of what has happened .Workman's comp attorney is tough to reach and very little communication. They want to settle. Friend is hurt for life. And things are only looking worse . Depression has set in because of pain and no one wanting to resolve health issues.

Attorney Answers 4


  1. Best bet is to schedule a sit down appointment with your lawyer, as he knows the situation best.


  2. The Statute of Limitations is two years from the injury. This something that should have been addressed years ago - after the injury occurred. By deciding to let this go, she may have very well lost all claims. Even now, having a friend, even a well-meaning one, ask questions on the internet is not a serious effort. Nevertheless, SHE needs to make an appointment or two immediately with lawyers who handle medical malpractice as the primary part of their business to investigate all possible claims. Not the late night TV advertisers, lawyers with cool slogans, lawyers who solicit, or even lawyers who claim to handle everything from slip & fall to bankruptcy to traffic tickets. If she is in Rossville, that might involve traveling to Atlanta or possibly Chattanooga. She needs to make calls Monday.


  3. Have a face to face meeting with your lawyer to address all of your questions and concerns.


  4. Unfortunately the statute of limitations in Georgia is 2 years and it is very unforgiving. There is a very small carve out for injuries that you were unable to discover the injury (for example if a surgeon left a sponge in your abdomen during surgery that did not start to cause problems for 2-3 years). This case does not sound like it fits that description however, and your friend is not a minor, so she cannot take advantage of that safe harbor provision. Unfortunately, at this point, I think your friend is out of luck.

    Please mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at Fareesh@SarangiLaw.com or (770) 984-5380. The initial consultation is always free. This post is intended to provide general guidance, and should not be construed as legal advice. While I am an attorney, unless we sign a retainer agreement, I am not your attorney, and any information shared on Avvo does not create an attorney-client relationship.

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