Recent Decision Tolls Statute for Fraudulent Conduct

The recent Fulton County State Court decision in Wilson v. Obstetrics & Gynecology of Atlanta, PC held that fraud on the part of a medical provider may toll the statute of limitations for filing a medical malpractice claim on behalf of a minor.  In Georgia, a medical malpractice claim on behalf of a minor must usually be filed within five years from the date the alleged malpractice occurred.  Additionally, a minor who is at least five years old at the time the negligent act occurred only has two years to file a claim. Unlike in other areas of law, minors who are victims of malpractice are not given up to their age of majority to file a claim.  This recent decision may give families more time to file a claim when fraudulent acts by the medical provider conceal the negligent act or its consequences.   If you or a loved one was injured as a result of negligence of malpractice by a medical provider, please contact our office for a free consultation 24 hours a day at 888-973-2540 (888-WRECK-404).