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  1. #1
    Join Date
    Apr 2010
    Location
    Alvaton, GA
    Posts
    2

    Default Statute of Limitations for Malpractice in Georgia

    My question involves medical malpractice in the state of: Georgia

    My Father was diagnosed with Colorectal cancer approximately 10 years ago. He had been in remission for 6 or 7 years. In mid-2006, he began complaining of pain in his lower abdomen, and after repeated tests, the VA kept telling him that it was not his cancer. He had an MRI or CT Scan in November or December of 2007, and in the records, it said that a small mass was detected in that area, and while they are usually found to be benign, it should have been investigated. The VA continued to tell him it was not his cancer, but then in March of 2007, he went in for Gal Bladder surgery, and the surgeon who did his original cancer surgery was his surgeon. I told him what was going on, and he said they would keep him until they figured that out as well. After the Gal Bladder surgery, and 3 or 4 CT scans, they found a golf-ball sized mass in the same area that was noted in the CT scan in late 2007.
    Later testing would show that the cancer had returned with a vengeance, and it was all throughout his body. Subsequent Chemotherapy got rid of all but the main tumor, and then radiation therapy was attempted to reduce the size of that tumor, as it was in an inoperable location.
    During the course of the radiation therapy, his colon was burned, and in the course of 2 months, he lost 30+ pounds, and became extremely weak, and was in and out of the hospital.

    My Father opted to forgo further therapy in March of 2008, and resigned himself to Hospice care, as the doctor told him he was so weak, that he couldn't take enough Chemotherapy to be effective.

    He passed in June of 2008.

    Since then, I have continually brewed over the VA not invstigating the report from late 2007 further, and wondered if that additional 6 months would have made a difference.

    My question is, what is the Statute of Limitations for Medical Malpractice in the state of Georgia, and even if it hasn't passed (which I assume it has), is this worth pursuing?

    Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Statute of Limitations for Malpractice in Georgia

    Generally, two years from the date of the act or omission giving rise to the injury, with a possible extension if the victim was initially unable to detect the injury.
    Quote Quoting OCGA 9-3-71. Medical Malpractice - General limitation
    (a) Except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred.

    (b) Notwithstanding subsection (a) of this Code section, in no event may an action for medical malpractice be brought more than five years after the date on which the negligent or wrongful act or omission occurred.

    (c) Subsection (a) of this Code section is intended to create a two-year statute of limitations. Subsection (b) of this Code section is intended to create a five-year statute of ultimate repose and abrogation.

    (d) Nothing contained in subsection (a) or (b) of this Code section shall be construed to repeal Code Section 9-3-73, which shall be deemed to apply either to the applicable statutes of limitation or repose.
    You may also be looking at the two year statute of limitations on wrongful death actions.

    Consult a lawyer today. Yesterday, if possible.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Statute of Limitations for Malpractice in Georgia

    You need to research claims against the VA. There is a federal claim system.

    This is federal law. You can't sue the VA under state law, so the state statute of limitations is immaterial. No state court has jurisdiction. You'd have to sue in U.S. District Court, after going through the claim procedure.

    However, you have no meaningful case. It is hard enough for an actual victim of malpractice to sue much less a relative. Parents suing over the death of their children is one thing, but suing over the death of an elderly parent is almost never worthwhile.

    Damages are based on earning potential, quality of life and other factors that an elderly person has very little of left.

    In addition, how do you think you are ever in a million years going to prove malpractice against a VA employee, much less the agency in a federal court? You should first learn what malpractice is, and how it is proven in a courtof law. You must be dreaming.

    The government and its agencies are also EXEMPT from civil actions under soverign immunity. By statute they allow themselves to be sued, but only for limited amounts, and only AFTER you go through whatever claim system they have set up.

    No judge or jury would give you enough to make a case worthwhile, even if you could overcome all the burdens involved.

    No payday for you. Period. End of story.

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