what is the statute of limitations for medical malpractice personal injury lawsuit in state of GA

WHAT IS THE TIME LIMIT IN ATLANTA,GA TO HAVE SURGERY GONE WRONG, ADDRESSED?: I HAD SURGERY FROM A PHYSICIAN IN GA ABOUT 9 YRS AGO. HE PROMISED THE SWELLING OF MY PELVIC REGION WOULD SHRINK OVER TIME, BUT OTHER DR'S HAVE TOLD ME IT REQUIRES SKIN GRAFTING (PULLED WAY TOO TIGHT) I'M DISFIGURED WITH THE ENTIRE AREA HE "FIXED" THIS IS THE ENTIRE LOWER ABDOMINAL AREA. HIP TO HIP. I PRAY TO GOD YOU CAN HELP ME WITH THIS. I'M LATE BECAUSE OF THE HUMILIATION OF THIS ENTIRE SITUATION. I NEED TO KNOW HOW MUCH YOU WOULD CHARGE, VERY IMPORTANT AS I'M CURRENTLY ON WORKERS COMPENSATION. THANK YOU AGAIN.........JANICE MACLONE - Is this your question? Add additional information
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Answers (2)

Jon Mitchell Jackson

Jon Mitchell Jackson Avvo Pro

Contributor Level 6
We do not practice law in Georgia and the following is not legal advice. Having said that, generally speaking, actions for medical malpractice must be commenced within two years of the date the act giving rise to the injury occurred. If a person was unable to discover the injury during that initial two year period of time, the limitations period will be extended. In cases where a health-care provider leaves an object in a person's body, the person has one year from the date of discovery to file suit. However, no medical malpractice action may be brought more than five years after the date that act giving rise to the injury occurred. These periods of limitation apply to minors, except that the statute of limitations cannot run prior to the minor's seventh birthday and the statute of repose cannot run until the claimant's tenth birthday. However, the one year rule relating to discovery of a foreign object within the patient's body applies to all plaintiffs regardless of age.

I would respectfully suggest that you IMMEDIATELY hire an experienced personal injury lawyer to help protect your interest.

The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!
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Judy Greenwood

Judy Greenwood

Contributor Level 4
I agree with the information provided to you by the lawyer who first responded to your inquiry. Each State has
different rules so it will be important for you to contact a local legal services office, your local bar association
lawyer referral service or a private personal injury attorney to get specific advice on the timing. It would be
helpful if you have all the dates in front of you when you speak to them.
I do not practice in your State, and can only give you general information.

Please note well that this reply is merely informative. It should not be the basis of any decisions you make regarding your legal rights as far too little information has been provided to supply a solid legal opinion. Also, you should be aware that all jurisdictions impose time limits ("statutes of limitations") within which suit must be properly commended, and the failure to do so will supply an absolute defense to the claim. You should consult further with us or another attorney if you wish to investigate or pursue the matter further.
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