Medical Malpractice Statute of Limitations
We trust medical professionals with our lives. But when a medical professional acts in a negligent manner, it can alter your life significantly. Negligent medical professionals should be held responsible for their actions, especially when they cause devastating outcomes.
Medical negligence happens much more frequently than most people realize. And the consequences can be life changing. If you or a loved one has been the victim of negligence from a medical professional, you owe it to yourself to call an attorney experienced in medical malpractice. Please understand that it is important to act as quickly as possible in all medical malpractice cases. The sooner you work to secure an attorney to help with your case, the quicker the work can begin on seeking the compensation you need.
Call Farah & Farah today to get started with a free no-obligation consultation.
What’s The Time Frame To Sue For Medical Malpractice?
Every state follows a unique statute of limitations for filing a medical malpractice claim. A statute of limitations is a legal time limit for filing a lawsuit. It is best to start your claim before the deadline. Otherwise, you risk forfeiting your legal rights to seek justice.
While there are some exceptions to these rules, it is best not to risk having your case thrown out. Medical malpractice statutes of limitations are complex and not every case is the same. Consulting an attorney is the best way to ensure justice.
Florida Medical Malpractice Statute of Limitations
In Florida, a medical malpractice lawsuit must be filed within two years of the discovery of malpractice. However, this does not apply after the four-year mark. That is, unless there is significant evidence of concealment, fraud, or misrepresentation.
Georgia Medical Malpractice Statute of Limitations
In Georgia, a medical malpractice lawsuit needs to be filed within two years of the negligence action. While this statute is relatively rigid, there are extensions if the victim is a minor, they are recognized legally as mentally incompetent, or their injury is not immediately noticeable. Lawsuits usually need to be filed within a year of discovering the injury, and no more than five years after the accident or injury.
Medical Malpractice Statute of Limitations Exceptions
However, there are some exceptions to the statute of limitations. These exceptions may put you in danger of forfeiting your case before your legal statute of limitations runs out. If you suspect an injury is due to a medical professional’s negligence, don’t wait. Contact a medical malpractice attorney right away.
Florida Medical Malpractice Statute of Limitations Exceptions
Florida’s statute of limitations may be extended in cases where negligence was not immediately obvious. For example, if evidence surfaces after the medical procedure. After the four-year mark, only fraud cases — or cases involving fraud — receive exceptions. If a malpractice event occurred over seven years ago, it is generally too late to file a lawsuit.
Georgia Medical Malpractice Statute of Limitations Exceptions
There are some exceptions to Georgia’s statute of limitations.Georgia law outlines a five-year deadline for negligent acts involving leaving foreign objects in a patient’s body. Foreign objects include surgical instruments or sponges but do not contain chemical compounds, prosthetic aids, or fixation devices.
Additionally, there is a separate statute of limitations for minors involved in medical malpractice lawsuits. In Georgia, a child’s statute of limitations does run out before the child’s seventh birthday. So if a child was injured when they were four, they still have the right to sue until they are seven, even if more than two years have passed.
Georgia law also limits your right to sue using a statute of repose. The statute of repose begins five years after receiving negligent or wrongful treatment. For example, suppose you received a hip surgery that compromised your hips’ structural integrity, and you realize six years after the treatment that the surgery was negligent. In that case, you typically cannot sue for damages. You may think that the statute of limitations would protect you once you’ve identified the problem, but if it were more than five years since the surgery, you would not be able to seek compensation.
Please remember these are guidelines for informational purposes only. Every case is different. Hiring a qualified medical malpractice attorney as soon as possible is the quickest way to get the justice you deserve.
Don’t Let Time Run Out. Call Us Now.
If irresponsible medical professionals have compromised you — or your loved ones — health and safety you owe it to yourself to seek justice. It is your legal right to hold your medical providers accountable. Getting the compensation you deserve starts with hiring a medical malpractice attorney with experience fighting for their client’s rights.
Each case is different, and a variety of factors go into how long each medical malpractice claim takes. Because of this, you should contact Farah & Farah as soon as you realize a medical mistake has been made. Your attorney will be aware of any deadlines in place pertaining to your case.
If you have any questions about the statute of limitations for a Florida or Georgia medical malpractice claim, call us today. Talk to a real attorney about your case now with a free no-obligation case review.
