Pausing of the Statute of Limitation for Medical Malpractice

[flyyup]

My question involves malpractice in the state of Georgia,


If your statute of limitations was May 29, can you use the pausing the toll that has been extended until July 12?

If so, is there any action that needs to be done?

Thank you!

[PayrolGuy]

Was the plaintiff under 18 or mentally incompetent at the time of the claim?

That is two of the reasons that the toll could be extended. It isn't like you can just yell, "time out" for no reason.

What reason do YOU think you have?

[MiddlePart]

It's possible that the OP is referring to the Judicial Emergency Order that the Georgia courts issued in response to COVID19.
The most recent order -- dated June 12, 2020 -- can be found at the Georgia Supreme Court website
www DOT gasupreme DOT us

Among other things, the court says in the order that:

"The 122 days between March 14 and July 14, 2020, or any portion of that period in which a statute of limitation would have run, shall be excluded from the calculation of that statute of limitation."

I think the OP is asking whether, even though the statute of limitations on his claim would otherwise have expired May 29, the Judicial Emergency Order means he can still file his case in July and it won't be time-barred.

I'd recommend that the OP consult with a Georgia lawyer for specific guidance, but it looks to me like the OP would not be time-barred if he filed promptly in July.

[PayrolGuy]

I think you may well be right. I wonder why he didn't mention it if he knew anything about it. Even throwing in the word COVID would have been helpful.

[pg1067]

If "MiddlePart's" interpretation of your very unclear post is accurate, then a statute of limitations that otherwise would have expired on May 29 will not expire until at least July 14 (and, perhaps, not until 122 days after that date).

I agree that you ought to consult with legal counsel.

[jelereinew]

A statute of limitations is a time period, established by law, within which a person must commence a legal action. Failure to start a legal action within the statute of limitation period usually results in the extinguishment of the right to take that action. In short: use it or lose it.