The Statute of Limitations on Birth Injury Claims in Georgia

Why Are There Time Constraints On Filing A Lawsuit?

The courts in our state recognize your right to sue a doctor for negligence when your child has suffered a birth injury, but only for a limited period of time. Our legal system seeks to strike an equitable balance between allowing a plaintiff the opportunity to bring legal action and guarding a defendant against the possibility of being sued over an event which occurred many years in the past. It is considered that achieving a fair ruling in a medical malpractice lawsuit depends on the availability of accurate evidence, and over time the records and memories relating to an incident may be lost or become unreliable.

What Is the Statute of Limitation For Filing A Lawsuit in Atlanta?

The Section 9-3-73 of the Official Code of Georgia Annotated states that a victim of medical malpractice has only 2 years to file a claim against a doctor, after which time the court will not allow a lawsuit. The statute of limitations for birth injuries does not begin running until a child’s 5th birthday, meaning that you may have until the day your child turns 7 years old to file the claim.

Detecting a birth injury sometimes does not occur for years after the birth, as the first signs may be delays in development rather than a trauma observed at the time of delivery. If you can prove that despite your exercise of due diligence you were not aware of the injury until after the 7th birthday, you may be able to have the deadline extended, which is referred to as “tolling” the statute.

Call an Experienced Atlanta Birth Injury Attorney – (404) 800-9166

Call us or visit our office today for an initial consultation with an Atlanta medical malpractice attorney from The Tolson Firm, LLC. Beginning work on your claim early is important, as it will allow our team to gather medical records and witness statements while they are fresh. We have successfully litigated dozens of multi-million dollar settlements on behalf of our clients, and want to help you recover the compensation you deserve.