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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