You could run out of time by procrastinating: here’s a summary of important Georgia laws relating to injury claims
Statutes of Limitations
For most torts, Georgia has a two-year statute of limitations from the date of injury or death, and a five-year statute of “ultimate repose and abrogation,” (except for foreign object cases, which, may be brought any time within one year of discovering the object (these statutes are for adults; rules are different for children. Consult your attorney).
Contributory or Comparative Negligence
In Georgia, a claimant’s action is barred if he or she could have avoided the consequences of the defendant’s negligence. Otherwise, the claimant’s recovery is diminished in proportion to his degree of negligence up to 50%. If the injured person is 50% or more at fault, he recovers nothing.
Vicarious Liability
Georgia statutory law imposes liability on an individual for the negligent acts of a contractor when the contractor’s work is wrongful in itself, results in a nuisance, is inherently dangerous, violates a duty imposed in a contract, violates a duty imposed by statute, was directed or controlled by the employer, or was ratified by the employer. As this statute relates to hospitals, a hospital may not be liable for a contracting physician’s negligent acts. Factors to consider in determining if the hospital is directly liable for the negligent acts of the physician are whether the hospital negligently granted him privileges or undertook to direct the doctor’s method of treating patients.
Expert Testimony
A medical malpractice or other malpractice complaint must generally contain an affidavit of an expert swearing under oath that the facts justify a claim of negligence. When a claimant fails to file an affidavit in a timely manner, the complaint is subject to dismissal.
Patient Compensation Funds and Physician Insurance
Georgia does not have a patient compensation fund or a program of state-sponsored liability insurance for physicians.
The Law Offices of Michael L. Neff hopes this information is helpful if you have questions about medical malpractice in Georgia—but this is by no means construed as adequate legal advice. If you or a loved one may have suffered an injury due through the fault of a medical professional, we urge you to seek an appointment with a personal injury attorney immediately who is skilled in medical malpractice. Call or email us now.