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ATLANTA, GA, February 21, 2014 /24-7PressRelease/ -- In many cases, patients may not realize they have been harmed during a surgery or routine procedure until some months or even years later. Upon becoming aware of the harm done, individuals may want to bring a medical malpractice claim against the physician, doctor or institution for restitution.
Such claims are subject to rigid time limits called statutes of limitations. A statute of limitations is a time limit within which a claim for medical malpractice must be filed in court. If the claim is not made within this time frame, then it will be subject to dismissal.
These time limits vary from state to state. In Georgia, under most circumstances an action for medical malpractice must be brought within two years of the date of injury or death arising from negligent or other wrongful conduct. Medical malpractice suits also are subject to a statute of repose, which is another time limit which bars any claim that is not made within five years of the date of the negligent act.
Exceptions to the Two-year Limitations
If the two-year limitations period has lapsed before an individual learns of their injury, then the time limit may be extended in certain cases, thus making the day that the injury or death was discovered the date of "incident" for statute of limitations purposes. However, "discovery" claims are also subject to the five-year statute of repose. In some cases, the limitations period may be tolled or temporarily stopped if there is difficulty obtaining medical records. The tolling period must be invoked by the injured person or their authorized attorney.
"Bringing a successful medical malpractice claim is as much about timing as it is substance. Not only should you have a valid basis upon which to bring the claim, but you must bring the claim within the proper time frame to be successful," explains Greg Feagle, Partner at Ballard & Feagle. To find out if your medical malpractice claim is still within the statute of limitations and can be filed, it is important to consult an experienced Atlanta medical malpractice lawyer.
For more information about the statute of limitations and to consult with experts in medical malpractice in Atlanta, please visit http://www.ballardandfeagle.com/.
About Ballard & Feagle:
Ballard & Feagle is a unique law firm in that they are one of the few in the country that offers the resources, experience and trial skills needed to handle intricate and expensive local and national cases. Their nationally renowned firm deals with a wide range of cases, such as those involving aviation crashes, medical malpractice and product liability.
To learn more, visit http://www.ballardandfeagle.com.
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