Legal Question in Personal Injury in Georgia
Can an attorney, get the statute of limitations tolled, if the plaintiff was mentally ill, in a medical malpractice case ?
3 Answers from Attorneys
Generally malpractice and/or personal injury cases have a two year statute of limitation. To further complicate matters there is a five year statute of repose that could apply as well. You may be familiar with the term "tolling the period of limitation" that is essentially an exception to the general two year statute of limitation that applies when the claimant has not discovered the harm, is mentally incompetent, or in certain situations, when the claimant is below a certain age. Typically the tolling exception does not apply to medical malpractice cases. In any case, I encourage you to get your case evaluated by a lawyer to better understand your rights.
Usually not, but see a lawyer ASAP to be sure.
Sometimes the statute of limitations can be tolled for the very reason you have stated. It is not simple or easy to do, however. You must consult an attorney who is an expert at this type of case immediately. A divorce, business, will or criminal lawyer, etc. will not suffice. They will not have sufficient knowledge of this area of the law. Research lawyers who are experts in the field and contact one ASAP. Stay away from attorneys in Rome as they are beholden to the hospitals and medical establishment in that jurisdiction and those in Cartersville as they may not know this area of law. The closest place that I would feel comfortable suggesting you consult an attorney is Marietta but you may have to go all the way to Atlanta. Good luck.