What do I need to know about the statute of repose in medical malpractice cases?

The statute of repose in medical malpractice cases in Georgia is a legal time limit for filing a malpractice lawsuit against a healthcare provider. Under Georgia law, a patient must file a lawsuit within two years of the date the medical negligence occurred, or within 5 years from the date the healthcare provider completed their treatment of the patient. If the lawsuit is not filed within this time frame, the patient may not be able to pursue legal action against the medical provider. It is important to note that this statute of repose does not stop the statute of limitations from running out. The statute of limitations sets an absolute deadline on when a plaintiff (the patient) can file a medical malpractice lawsuit, and it generally expires two years after the alleged medical negligence occurred. If the two-year window has already passed, then the patient has no recourse, even if the five-year window for the statute of repose has not passed. Another important thing to note is that the two-year statute of limitations may be extended in certain circumstances. For example, if the medical negligence was not discovered until later, the statute of limitations clock may not start running until it was discovered. However, this still does not extend the five-year statute of repose window, and the patient must still file a lawsuit within the five-year window. In short, the statute of repose in medical malpractice cases in Georgia sets a time limit for filing a lawsuit against a healthcare provider. It is important to keep track of the dates related to the medical negligence, as this will determine whether the statute of repose has expired. Additionally, if the medical negligence was not discovered until later, the statute of limitations may be extended, but the statute of repose cannot.

What do I need to know about the statute of repose in medical malpractice cases?

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