QUESTION

Do I have a Medical Malpractice case?

Asked on Jul 10th, 2013 on Medical Malpractice - Georgia
More details to this question:
I was diagnosed with paralyzed vocal cords in 12/2007. The Dr. wrote in my file notes but did not refer me or mention it to me. In 12/2012 it was diagnosed by another Dr. and treated. I was on medicine that was not needed for 5 years. I had a diminished quality of life by having a compromised airway until diagnosis in 2012 and a tracheostomy was performed. The statute of limitations is 2 years and statute of repose is 5 years. Do I have any recourse?
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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The short answer is contact an medical malpractice attorney in GA and run the question by him. Generally speaking, equitable exceptions to statutes of limitations exist in case law but not in a statute of repose. A common equitable exception in medical malpractice cases is the discovery rule, which holds that the statute does not start tolling on a claim until a client knew, or should have known that a doctor did something wrong. I don't know if GA's statute of repose would allow for such an exception. My gut tells me it would not, but ask a local guy who knows for sure.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. 
Answered on Jul 12th, 2013 at 6:48 PM

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