Friday, April 26, 2013
Obtaining a tolling because of incapacity | Atlanta lawyer
To toll the statute limitations for disability, plaintiff must take a number of steps involving the medical records. OCGA 9-3-97.1. Plaintiff must request a copy the medical records for the patient's medical treatment from any health care provider having such records by certified or registered mail, return receipt requested. If the request is made by a patient's attorney, the request should include a proper medical authorization to record. The request must reflect of the records reviewed by an injured person for a possible medical malpractice. If plaintiff filed a suit in reliance upon this provision to toll the statute a limitation, the complaint must reflect such reliance in OCGA 9-3-97.1 and have attached as exhibits copies of the request, the medical release, and the evidence of mailing. No. Limitation will be tolled for more than 90 days except under this provision.Contact in Atlanta DUI lawyer today.