How Long Do Medical Malpractice Lawsuits Take?
When we place ourselves in the hands of physicians, we take a leap of faith in presuming that those medical professionals tasked with our care will live up to their legal duty of care, treating us at the level of care expected by the medical community. Unfortunately, some medical facilities cut corners on training, fail to implement adequate safety procedures, or hire doctors and staff who underperform or act negligently. Negligence in a medical facility can have disastrous results for a patient.
If you or a close family member suffered an injury, worsened medical condition, or death due to a medical provider’s malpractice, you may be asking how long it will take to recover the compensation you deserve.
Understanding the Timeline of a Medical Malpractice Case In Georgia
The average medical malpractice claim can take anywhere from six months to two years or more to complete, with the timeline based on the complexity of the case. Depending on the amount of time it takes to gather evidence of the medical provider’s liability during the disclosure and investigation process, how soon the full extent of the damages you are facing become clear, and how long it takes for the provider’s insurance company to settle or go to court can greatly impact the total amount of time from the beginning of the case until you have your compensation in hand. Typically, the process is as follows:
- After hiring an experienced injury attorney in Atlanta, your lawyer handles all communication with the medical provider and their malpractice insurance company
- During the disclosure process, your attorney reviews your medical records, consults with medical experts, documents compelling evidence of liability, and carefully calculates your past, present, and future damages
- The attorney sends their findings to the provider’s medical malpractice insurance company
- Negotiations begin between the attorney and the insurance company, with the attorney using their evidence as a strong incentive for the insurance company to settle rather than go to court
- In some cases, mediation sessions occur between all involved parties to reach a settlement
If the provider doesn’t admit fault and/or the insurance company denies, disputes, or unnecessarily delays the claim process, the injury victim and their attorney specializing in Atlanta medical malpractice may choose to pursue compensation through a lawsuit in court. For a court to consider the case, the medical malpractice victim must file the lawsuit petition within the state’s statute of limitations.
What Is the Statute of Limitations for Medical Malpractice in Georgia?
Like other states, Georgia limits the amount of time that may pass between an injury occurring and the case going to court, including in medical malpractice cases. This helps ensure that evidence remains available and eyewitness testimony is still reliable if the case requires litigation. The statute of limitations also protects defendants, such as doctors and other medical providers, from living under the long-term threat of lawsuits.
In Georgia, the statute of limitations for medical malpractice cases is up to two years from the date the incident occurred. Only a few exceptions may allow the court to extend the two-year deadline. For instance, if the injury victim is underage, incapacitated for a period of time, or discovers the injury some time later.