In Georgia, medical malpractice law is a complicated set of tort law and it is necessary to have a firm understanding of it in order to pursue suits with legal merit.
Examples of situations that may constitute medical malpractice include when problems are not diagnosed or when they are misdiagnosed, as well as cases where problems are not treated in a timely manner or when negligence occurs.
Statute of Limitations
It is necessary to file a case of medical malpractice or negligence in less than 2 years after the alleged incident occurs. This is not the case if the patient does not realize the injury has occurred until two years has passed. In such situations, it is possible to extend the 2-year time limit.
However, if the case occurs because a foreign object such as an instrument was not removed from the body, then the limit for filing a suit will be one year from when the incident occurred.
There are no circumstances under which a case may be filed once five years have elapsed from the occurrence of the incidence. All of the periods mentioned earlier apply when minors are involved.
There is a cap throughout the state of Georgia of $250,000 of total punitive damages in the context of medical malpractice law.
Georgia - News Articles
This week, the Georgia Supreme Court heard a medical malpractice case involving the death of 15-year-old Shaquille Johnson. Shaquille Johnson’s death was caused by blood clots in his lungs, which his attorneys argue were missed due to improper testing. The Albany Herald reports that Thelma and Sheldon Johnson sued the attending emergency room physician, Dr.Read More
Joan Simmons woke up on July 20, 2014 in unbearable pain. She was somehow able to get herself to the emergency room at St. Joseph’s/Chandler Hospital, located in Savannah, Georgia. Simmons, then 58, told the attending emergency room physicians that she had an intense pain coming from her back. According to court records, Simmons wasRead More