Can I use the discovery exception in my case?

UPDATED: Oct 1, 2022

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Can I use the discovery exception in my case?

I had a total knee replacement 2 years ago 6/20/16 In Georgia. After about 6 months my pain never went away so I started to see a doctor because something was wrong. After going through tests, I found out less than 6 months ago that the hardware in my knee is too big therefore I am going to have to have another knee replacement. Can I still sue under the discovery exception?

Asked on June 19, 2018 under Malpractice Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, unlike many states, Georgia does not appear to have a discovery exception extending the statute of limitations for medical malpractice cases. Under section 9-3-71 of the GA code, a medical malpractice case must be brought within 2 years of when the injury occured--which in your case, would be when the wrong hardware was implanted in you. Therefore, you only have 2 years from the date of the procedure to bring the case.

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