Legal Question in Medical Malpractice in Georgia
My mother had open heart surgery in July 2008. From that surgery we believe she developed blood clots in her legs that traveled to her brain and caused her to have a stroke on August 20, 2008. She wasn't given blood thinners or any precautions to prevent blood clots. We believe that we have a case, but is it too late to file due to statute of limitations? and how long will it take to file for the suit?
3 Answers from Attorneys
You need to contact, as soon as possible, a lawyer in your area that handles medical malpractice (not a lawyer who claims that as one of many practice areas). Generally, the limitations period is two years. Keep in mind that a malpractice claim is based on expert medical opinions - not a "we believe" opinion from friends and family.
From the dates you mention, you are too late. The statute for medical malpractice is 2 years, and you have waited past that.
However, in rare cases, certain things might toll the statute (meaning you might be able to file). It is possible that even with that the time could expire almost immediately, so see a malpractice lawyer TODAY (not tommorow or soon) just in case.
I am not from US but in my opinion the time would begin to run from the date the blood clot came to knowlege. that would be the cut off date for cause of action and the statue of limitation would begin to run from that date and not from the date of surgery. One may work on it.
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