Georgia Medical Malpractice Statute of Limitations

Understanding Georgia’s Statute of Limitations for Medical Malpractice

Medical malpractice claims in Georgia generally have a two-year statute of limitations, starting from the injury or death caused by negligence or wrongful acts.

Additionally, Georgia law sets a five-year statute of repose, which is an absolute deadline; no claim can be filed more than five years after the negligent act, regardless of when the injury was discovered.

These timelines generally apply to most adult medical malpractice cases.

However, assessing applicability and spotting potential exceptions requires careful legal analysis.

For example, certain situations, such as discovering an injury that was previously unknown or specific tolling provisions, may influence these deadlines.

Date of Injury vs. Date of Discovery

In most adult medical malpractice cases in Georgia, the statute of limitations starts on the date the injury occurred, as outlined in O.C.G.A. § 9-3-71(a).

This applies even if the patient was unaware of the injury at the time it happened.

However, Georgia law recognizes limited exceptions in which the date of discovery—the point at which the injury is first known or reasonably should have been known—may delay the start of the two-year limitations period.

This can occur in specific situations, such as cases involving foreign objects left in the body during surgery, where the harm might not be immediately detectable.

It’s important to note that even if the discovery rule applies, the five-year statute of repose usually acts as a strict limit.

This means that, regardless of when the injury is found, a lawsuit generally cannot be filed more than five years after the alleged negligent act took place.

The Importance of Medical Records and Timelines

Because of the legal focus on dates, both the injury occurrence and the discovery of harm, keeping accurate medical records and treatment timelines is crucial.

Medical documentation can be vital in establishing when an injury happened, how long it remained unnoticed, and whether a claim is within the filing period allowed by Georgia law.

Therefore, individuals who suspect they may have a malpractice claim should obtain copies of their medical records promptly. Reviewing this documentation with the help of legal and medical experts can clarify whether the statutory deadlines have passed or are still upcoming.

The Statute of Repose in Georgia for Medical Malpractice

Along with Georgia’s two-year statute of limitations for medical malpractice claims, state law also sets a five-year maximum period for filing such claims, known as the statute of repose.

While the statute of limitations determines the time frame in which a claim must be filed after an injury occurs or is discovered, the statute of repose establishes a firm limit on how long a claim can be brought, regardless of when the harm is recognized.

The statute of repose acts as a final cutoff date, different from the statute of limitations.

Its goal is to give closure to potential defendants by limiting the period during which they can be held liable.

This rule ensures that, even if an injury is discovered years later, a claim can’t be made indefinitely.

It helps prevent issues with litigating older claims, where evidence may be lost or difficult to find.

In Georgia, this rule is established under O.C.G.A. § 9-3-71(b).

The law states that no medical malpractice claim can be filed more than five years after the date of the act or omission that caused the injury, regardless of when the injury is discovered.

Georgia Code § 9-3-71(b): “In no event may an action for medical malpractice be filed more than five years after the date on which the negligent or wrongful act or omission occurred.” These five years are strictly enforced and apply even in cases where the injury may not have been reasonably discoverable within that time frame.”

How the Statute of Repose Applies to Medical Malpractice Cases in Practice

Under Georgia law, even if a patient does not realize the injury until years later, they may be barred from filing a claim if more than five years have passed since the alleged negligence occurred.

This is especially relevant in cases where harm is not immediately evident, such as delayed diagnoses or complications that develop long after treatment.

While there are some exceptions to the statute of repose, such as cases involving foreign objects left in the body, these are limited and specific.

In most cases, if you do not initiate legal proceedings within five years of the incident, the right to pursue a claim may be lost.

Impact of the Statute of Repose on Long-Developing Conditions

The statute of repose can greatly impact individuals with injuries or conditions that develop over a long period.

For instance, certain types of medical errors, such as misdiagnosed cancers, delayed detection of internal injuries, or mistakes made during surgery, may not show obvious symptoms until years later.

In these situations, the statute of repose might prevent a claim even if the patient was unaware of the harm until after the five-year limit had passed.

Although some narrow exceptions exist under Georgia law (e.g., retained surgical instruments), these are specific and limited in scope.

Generally, once the five-year period has passed, a malpractice claim cannot be filed, even if the underlying injury is discovered afterward.

The Discovery Rule and Delayed Injury Recognition

In Georgia medical malpractice law, determining when the statute of limitations begins can be complicated, especially when the injury or harm isn’t immediately visible.

Georgia uses a modified discovery rule, which adjusts the start of the limitations period in specific situations.

While this provides some flexibility, it also has clear boundaries.

Generally, the statute of limitations for medical malpractice in Georgia starts from the date of injury or death.

However, under the discovery rule, this period may begin when the injury is, or reasonably should have been, discovered. 

This acknowledges that some medical injuries are not immediately visible and may only become apparent over time.

Applicability in Georgia Medical Malpractice Law

Georgia law applies a narrow version of the discovery rule.

Most cases still need to be filed within two years of the injury, as specified in O.C.G.A. § 9‑3‑71(a).

However, in certain situations, particularly those involving foreign objects left in the body, Georgia allows a one‑year filing window starting from the date of discovery, as outlined in O.C.G.A. § 9‑3‑72.

This exception applies even if the injury is discovered years after the original medical procedure.

Outside these specific scenarios, Georgia generally does not extend the limitations period due to delayed discovery.

Courts tend to be hesitant to adopt broader interpretations, like the continuous treatment doctrine or the “new injury” exception, particularly in misdiagnosis cases.

Examples of how the discovery rule works:

• Foreign Objects Left During Surgery: When a surgical sponge, clamp, or other instrument is unintentionally left inside, the statute of limitations starts when the item is discovered—regardless of how much time has passed since the procedure. Georgia law allows a one-year filing window beginning from that discovery date.
• Misread Lab Results Discovered Later: Imagine a patient whose lab results are misread, delaying a serious diagnosis such as cancer. Under Georgia law, unless the misreading caused a new or different injury, the standard two-year limitations period generally starts from the date of injury—even if the harm is only identified later. Georgia courts have dismissed attempts to extend the filing deadline solely due to delayed symptom appearance.

Triggering Events for the Statute of Limitations

Understanding the exact moment when the statute of limitations begins to run (often referred to as the “trigger date”) is crucial for evaluating a potential medical malpractice claim.

In Georgia, several events can start the countdown, depending on the situation.

Primary trigger dates include:

• Date of Injury: This is the most common and widely used trigger. Under Georgia law, the two-year filing period typically starts on the date the injury happened or when the cause of action arose, consistent with Georgia’s personal injury statute.
• Date of Diagnosis: In cases of misdiagnosis, the statute of limitations typically does not begin until the injury or misdiagnosis is diagnosed or exhibits identifiable symptoms. Georgia recognizes the “subsequent injury exception,” under which the limitation period begins when the consequences of the misdiagnosis become evident—even if the initial misdiagnosis happened earlier.
• Date of External Notification: Although not explicitly addressed in Georgia’s medical malpractice statute, awareness of an external advisory, such as an FDA recall or safety bulletin, may influence when a potential injury becomes reasonably knowable. In practical terms, receiving such a notification could mark the point at which a person should begin investigating whether they’ve been harmed.
• Date of Discovery (in Rare, Qualifying Circumstances): Georgia permits limited use of a discovery-based trigger under narrowly defined conditions. For example, when a foreign object is accidentally left in a patient during surgery, the statute of limitations starts one year after the date of discovery, not from the date of the procedure. In some misdiagnosis cases, if a “new injury” appears later, the limitations period may begin when those symptoms are first recognized.

Strategic considerations for plaintiffs include:

• Importance of Documenting All Medical Interactions: Keeping accurate records of diagnosis dates, medical appointments, test results, informed consent discussions, and notices received can help identify the correct trigger date. Detailed documentation offers a solid record for establishing when the injury occurred.
• Consulting an Attorney Early to Assess the Trigger Date: Because different triggering events can occur depending on the circumstances, legal guidance is essential. An experienced attorney can analyze the facts, identify the relevant trigger date, and advise on the applicable statutory timeline.

Affidavit of Merit Requirement in Georgia

In medical malpractice cases filed in Georgia, plaintiffs must meet a preliminary evidentiary requirement at the beginning of litigation.

Known as the Affidavit of Merit, this procedural step is mandated by Georgia law and is crucial in screening out claims that lack expert support.

An Affidavit of Merit is a sworn written statement prepared by a qualified medical expert.

Its purpose is to confirm, under oath, that the expert has reviewed the plaintiff’s case and believes there is factual and professional support for the allegation that the defendant’s conduct failed to meet the relevant standard of care.

This requirement is not unique to medical malpractice; it also applies in other types of professional negligence cases.

However, in medical malpractice specifically, it acts as an early legal review point before litigation advances.

Under Georgia law, the affidavit must be filed at the same time as the initial complaint or within a short extension period if granted by the court.

Failing to file the affidavit as required may lead to procedural dismissal.

This rule aims to prevent unsupported claims from entering the judicial system and to show that a qualified professional has reviewed the facts before legal action is taken.

The relevant statute, O.C.G.A. § 9-11-9.1, specifies the requirements and timing involved.

The statute allows for limited exceptions; however, compliance is mandatory in most cases.

What is Considered a “Qualified Medical Expert”?

The expert providing the affidavit must meet specific criteria.

Specifically, they must be a licensed healthcare professional actively practicing in the same or a significantly similar field as the defendant.

Furthermore, the expert must show familiarity with the relevant standard of care.

This ensures the affidavit is based on credible, field-specific medical judgment.

Courts may closely scrutinize the qualifications of the affiant.

If the expert lacks sufficient experience or relevance to the specialty, the affidavit may be challenged or excluded, which could weaken the plaintiff’s case at the preliminary stage.

Failing to file a valid Affidavit of Merit can lead to serious procedural consequences.

Usually, the result is the dismissal of the lawsuit, often with limited or no chance to refile.

Although courts might permit corrections in very specific situations, Georgia law offers little tolerance for noncompliance.

Due to these strict rules, it is crucial for plaintiffs and their attorneys to secure an appropriate expert and prepare the affidavit by the law well before filing the complaint.

A mistake or oversight at this stage could prevent the claim from being pursued.

Different SOL Timeframes by Type of Malpractice

The statute of limitations in Georgia medical malpractice cases varies depending on the situation.

The type of alleged malpractice can determine when the filing deadline starts and if any exceptions or alternative trigger dates apply.

While the standard two-year statute of limitations under O.C.G.A. § 9-3-71 serves as the default, each category of malpractice may have unique timing considerations.

Surgical Errors

In most surgical error cases, such as wrong-site surgery, procedural mistakes, or complications caused by negligence, the harm is clear either during the procedure or shortly afterward.

As a result, the statute of limitations typically begins on the date of the surgery or when the injury is first identified after the surgery.

An exception may apply if a foreign object is left in the body, allowing one year from the date of discovery to file a suit, subject to the five-year statute of repose.

Misdiagnosis or Delayed Diagnosis

When a condition is misdiagnosed or a correct diagnosis is significantly delayed, identifying the trigger date can become more complicated.

Sometimes, the statute of limitations starts either on the date the proper diagnosis is made or when the patient reasonably should have discovered the error.

However, in Georgia, the “subsequent injury” principle is applied narrowly, and most cases are still governed by the standard two-year period from the date of the alleged negligent act, unless a qualifying exception applies.

Medication or Pharmacy Errors

Errors in prescribing, dispensing, or administering medication, such as giving the wrong dosage or an incorrect drug, are usually identified at or near the time they happen.

In these situations, the statute of limitations typically starts on the date of the administration or dispensing. If the error causes an injury that appears later, the starting date might still be the original incident unless a legal exception can be proven.

Defective Medical Devices

Claims involving defective medical devices, such as implants or prosthetics, may involve product liability principles.

In such cases, the statute of limitations can be affected by the date of the medical procedure, when the defect was discovered, or the issuance of a recall notice.

While a recall or safety advisory does not automatically extend the filing period, it may serve as evidence of when a patient should have reasonably been aware of the potential defect.

These cases may also be impacted by Georgia’s product liability statutes, which have their own limitations and repose periods.

Special Exceptions and Tolling Provisions for Georgia's Statute of Limitations

While Georgia law sets strict deadlines for filing medical malpractice claims, certain exceptions and tolling provisions can extend the statute of limitations under specific circumstances.

These rules are applied narrowly and depend heavily on the facts of each case.

Minors

Under O.C.G.A. § 9-3-73, special timing rules apply to medical malpractice claims involving minors.

For injuries that happen before a child’s fifth birthday, the statute of limitations is paused until the child turns five.

This means that a lawsuit must be filed no later than the child’s seventh birthday.

These provisions are designed to ensure that young children, who are unable to act on their own, are not denied the opportunity to seek justice due to their age.

Mental Incapacity

Georgia law allows tolling for individuals who are legally incapacitated when their cause of action begins.

This includes people who are legally found to be incompetent due to intellectual disabilities or mental illness.

In these cases, the statute of limitations does not start until the legal disability is lifted.

Once competency is regained, the individual has the same amount of time to file a lawsuit as any other plaintiff under the usual statute of limitations.

Fraudulent Concealment

Suppose a healthcare provider or facility intentionally conceals malpractice by hiding facts, altering records, or otherwise preventing the injured party from discovering the wrongdoing.

In that case, the statute of limitations may be extended.

Fraudulent concealment requires intentional misconduct and can be difficult to prove, but when proven, it can give a plaintiff extra time to file a claim that would otherwise be barred.

Wrongful Death Claims

In cases where alleged medical malpractice results in death, the statute of limitations may be based on the date of death rather than the date of the negligent act or injury.

This distinction is important because it can result in a different filing deadline from the underlying personal injury claim, and the timelines for the wrongful death lawsuit and any related estate claims may not always align.

Common Misunderstandings About Medical Malpractice Deadlines

Georgia’s laws regarding medical malpractice filing deadlines are often misunderstood, which can result in missed opportunities to pursue a claim.

Below are common misconceptions and the actual legal facts under Georgia law.

“You Have Two Years from Discovery in All Cases”

While some states apply a broad discovery rule, Georgia’s law is much more limited.

The general rule states that the two-year statute of limitations starts on the date of injury or death, not when the injury is discovered.

Exceptions, such as finding a foreign object left during surgery, are narrowly and clearly defined by law.

In most cases, delayed awareness of an injury will not extend the filing deadline beyond the two-year limit. In all situations, the five-year statute of repose acts as a firm cutoff.

“You Can File Anytime If the Harm Was Severe”

The severity of an injury does not affect the applicable deadlines.

Whether the harm was minor or life-threatening, Georgia law requires claims to be filed within the designated statutory periods.

Serious injuries may impact the potential value of a claim, but they do not change the statute of limitations or statute of repose.

“The Clock Starts When You ‘Feel Ready’ to File”

Filing deadlines in Georgia are linked to specific legal events—such as the date of injury, the date of diagnosis in certain misdiagnosis cases, or the discovery of a qualifying hidden injury—not personal readiness.

The law rarely allows flexibility based solely on a plaintiff’s circumstances. Waiting until you feel ready to act may cause your right to pursue a claim to expire.

First Class - The Atlanta Personal Injury Law Firm: Your Atlanta Medical Malpractice Lawyer

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Our firm is dedicated to helping injured patients recover compensation for their medical expenses, lost wages, pain and suffering, and other damages caused by negligent care.

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If you or a loved one has suffered due to a medical provider’s negligence, don’t wait to seek legal guidance.

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This content is provided solely for educational purposes and should not be considered legal advice. Each medical malpractice case is unique, and filing deadlines can vary depending on factors such as jurisdiction, claim type, and individual circumstances.

To receive advice tailored to your specific situation, contact a qualified attorney promptly to review your rights and explore your legal options.