Do we have a medical malpractice case if 6 years have passed?

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Do we have a medical malpractice case if 6 years have passed?

My dad went to get a tooth taken out but the dentist took out the wrong tooth. My dad went back and had him take out the correct tooth but was never told by the dentist what had gone wrong. My dad paid out of pocket for these expenses as he was uninsured at the time.

Asked on July 12, 2011 under Malpractice Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your Father and for what happened.  The question you ask boils down to what is known as the statute of limitations for an particular act by someone.  It gives rise to what is known as a cause of action.  It appears that you have waited too long to bring a dental malpractice action against the dentist.  You would have had to sue hi or her within 2 years of the date that they pulled the wrong tooth.  I had hoped that maybe you could have sued him or her in small claims under a breach of contract theory but the statute of limitations in Georgia is 4 years for that, unless it is a written contract under seal.  Again, I am sorry.  I would try and write to the dentist about it and file a complaint with the state licensing agency.  Good luck.


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