Legal Question in Medical Malpractice in Georgia
My family recently learned that my father contracted HIV from a blood transfusion he received in the '80s. Can the hospital now be held liable for his condition?
1 Answer from Attorneys
It is unlikely. The statute of limitations for malpractice and torts would have expired decades ago. So unless you could show a reason to toll the statute (which could happen if there was no way for him to have known about the HIV until the past two years), he'd be out of luck (assuming this is in Georgia). An additional practical problem: even if there were no statute of limitations, how could one prove that the hospital did something decades ago? The evidence is long since gone, and there's no way to prove it was not contracted elsewhere. Having said all that, since there are very few facts in your post, he should call a lawyer.