Georgia's Supreme Court has rejected an appeal that would have eliminated malpractice plaintiffs' ability to sue well after they were allegedly harmed. Under current Georgia law, malpractice plaintiffs usually have two years from the date of an alleged misdiagnosis to file a suit. However, about 20 years ago, the court created an exception to that rule that lets patients file a suit when they develop a new, more serious condition, which they allege stems from a past negligent diagnosis. Under these rules, they have two years from when the new injury first appears.
Though attorneys suggest that it can only be applied to a limited number of cases, this exception is galling to doctors, who sued to overturn it. The suit included a "friend of the court" brief from the Medical Association of Georgia. However, the court let the prior precedent stand. It affirmed a prior jury verdict awarding $800,000 to a patient whose terminal metastatic colon cancer was missed in 2000, but became symptomatic again in 2004.
To learn more about this decision:
- read this AMedNews.com article
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