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SOL for Georgia Medical - Questions!

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Anonymous
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SOL for Georgia Medical - Questions!

Ok, I've googled SOL for Georgia Medical and came up with a few things.


Georgia Statutes of Limitation

Breach of any contract for sale: 4 years, (OCGA 11-2- 725) NOTE: Parties may reduce limitation to not less than one year, but not extend it. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.
Contract, including breach of warranty or indemnity: 4 years, (OCGA 11- 22A-506) NOTE: The parties may reduce the period to one year.
Written contract: 6 years from when it becomes due and payable and the six (6) year period runs from the date of last payment. (OCGA 9-3-24)
Open account; implied promise or undertaking: 4 years, (OCGA 9-3-25). NOTE: Payment, unaccompanied by a writing acknowledging the debt, does not stopped the statute. Therefore, the statutory period runs from the date of default, not the date of last payment.
Bonds or other instruments under seal, 20 years, (OCGA 9-3-23) NOTE: No instrument is considered under seal unless it’s stated in the body of the instrument.



Statue of Limitations
In order to successfully win a medical malpractice award, there are several obstacles to overcome. The first is that the case must be started before the statute of limitations has run out, and this length of time varies by state (and country) and also varies depending on the type of lawsuit or specific allegations. Georgia has a two-year statute of limitation running from the date of injury or death, and a five-year statute of "ultimate repose and abrogation." Ga. Code Ann. § 9-3-71 (1992). Foreign object cases, however, may be brought any time within one year of discovering the object. Ga. Code Ann. § 9-3-72 (Supp. 1997). These limits apply to minors, except that the statute of limitations will never run prior to the claimant's seventh birthday and the statute of repose will never run until the claimant's tenth birthday. Ga. Code Ann. § 9-3-73 (1997). As with adults, if the negligent act involves a foreign object, the action must be brought within one year of discovering the object. Id. The statute of repose is constitutional. Craven v. Lowndes County Hospital Authority, 263 Ga. 657, 437 S.E.2d 308 (1993).


Can anyone help me understand this better? Is it 2 years for medical? From the date of injury or death? Meaning, 2 years from date of service? Is that correct?
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Anonymous
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Re: SOL for Georgia Medical - Questions!

Anyone? ^^
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Anonymous
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Re: SOL for Georgia Medical - Questions!

The 2 year SOL only applies if you're suing for malpractice. I believe medical would fall under the 4 year SOL.
Message 3 of 4
Anonymous
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Re: SOL for Georgia Medical - Questions!

Medical can also fall under UCC if a hospital (in some cases)... Medical SOL is very complicated
 
Email the GA AG's office give the details and ASK them (they really should know w/o a doubt)
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