Medical malpractice cases filed in Georgia usually must be filed within two years of the date of harm caused by the injury. While in many cases the date of the injury is easily identifiable, the date of the injury caused by malpractice may be disputed in some cases.
In a recent case, the Court of Appeals of Georgia held that where a misdiagnosis leads to a second more serious illness, the date of the injury is the date when symptoms of the second illness begin to appear, not the date of the misdiagnosis. If you were injured in Georgia due to a misdiagnosis, you should consult an experienced Georgia personal injury lawyer that specializes in malpractice to discuss your options for seeking damages from the responsible parties.
Reportedly, the Plaintiff’s deceased Wife sought treatment from Dr. V.S., a gynecologist, due to abnormal bleeding and a tumor in her uterus. Dr. V.S. referred Wife to Dr. J.H. who evaluated Wife and determined there was a very low chance the tumor was cancerous, which Dr. V.S. took to mean the manner in which the uterus was removed did not matter. In December 2013, Dr. V.S. removed Wife’s uterus via a robotic hysterectomy, which morcellated, or cut up, the uterus and tumor rather than removing them whole. Subsequently, an analysis of the tissue revealed that the tumor was cancerous, but CT scans at that time did not indicate any cancer. In October 2014, however, a scan revealed the presence of abdominal tumors, indicating that the cancer had returned. Allegedly, the morcellating caused cancer that was previously confined to the uterus, to spread throughout Wife’s abdominal cavity. Wife subsequently died of metastatic cancer on May 19, 2015.