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When Can I File a Medical Malpractice Claim in Georgia?

By Grant Law Office on May 13, 2011

Before knowing when to file a medical malpractice claim in Georgia, it is important to know if you are entitled to do so. Georgia code (O.C.G.A. § 9-9-60) defines a “medical malpractice claim” as any claim for damages resulting from the injury to or death of any person caused by:

  1. Health, dental, medical, or surgical service, diagnosis, treatment, prescription; or care by a lawfully authorized physician or other health care provider, or one acting under the supervision of a lawfully authorized physician or other health care provider, or
  2. Care or service by any public or private hospital, clinic, hospital authority, clinic, facility, or institution, or its employee, acting within the scope of his employment.

Common types of medical malpractice in Georgia include, but are not limited to, medication errors, undiagnosed illness, misdiagnosis of illness, and delayed treatment or procedure.

If your situation falls within Georgia’s definition of a medical malpractice claim, an action for medical malpractice must be brought within 2 years after the initial date of injury or death caused by a negligent or wrongful act, or omission. In some cases, the injury or death occurs sometime after the negligent or wrongful act, or omission. In these circumstances, the victim must bring an action within 5 years of the act or omission or the claim will be barred (O.C.G.A. § 9-3-71). There are, however, certain exceptions to these general limitations.

Georgia patients put their trust in their doctors and other healthcare providers to provide quality care. When doctors, hospitals or other healthcare providers abuse that trust by providing improper or substandard care, failing to diagnose serious illness, delaying treatment, or continuing ineffective treatment, they endanger the lives of their patients. At The Law Offices of Wayne Grant, P.C., we believe healthcare professionals should be held accountable for their negligent or wrongful actions. If you or a loved one has been injured as the result of negligent or wrongful care, our compassionate Atlanta medical malpractice attorneys can help determine the validity of your claim and advise you of your legal rights and options. Contact us today for a consultation at 404-995-3955.

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What you need to know about the 2-year statute of limitation law

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