Understand the Clock on Your Georgia Medical Malpractice Claim

Short Answer: Georgia’s Medical Malpractice Filing Deadline

In Georgia, a medical malpractice lawsuit generally must be brought within two years after the injury or death occurred. A second limit also applies: no such suit may be brought more than five years after the negligent act or omission. Whichever limit comes first ends your window to file.

The main rule is in O.C.G.A. § 9-3-71. This page explains how each date is counted, where special rules can apply, and why it pays to check the dates early.

Georgia’s Two-Year Statute of Limitations for Medical Malpractice

The two-year period is Georgia’s main filing rule. Under § 9-3-71(a), except as otherwise provided in this article, a medical malpractice action must be brought within two years after the date an injury or death arising from a negligent or wrongful act or omission occurred.

Here is a simple example. Suppose a surgery on March 3 causes an injury that same day. Under Georgia law, except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred.

Missing the last day can end a claim, even when the facts look strong. Because the clock starts with the injury, waiting to collect records does not move the start date.

Many families assume the deadline starts when they first learn something went wrong. The statute uses the date of the injury or death instead. That gap is why this date should be reviewed early.

The Five-Year Statute of Repose in Georgia

The five-year limit is an outer deadline. Under § 9-3-71(b), in no event may a medical malpractice action be brought more than five years after the negligent or wrongful act or omission occurred.

Subsection (c) describes this as a statute of ultimate repose. Repose works differently from the two-year rule. The five-year count starts at the act or omission, even if the injury shows up later.

That difference can matter. Suppose the injury appeared four years after the act. The two-year count would run to six years after the act, but the five-year limit would end at year five. The earlier date controls.

How the Discovery Rule and Delayed Diagnosis Can Affect the Clock

Two situations call for closer review. The first is a foreign object left in the body. Under § 9-3-72, where a foreign object has been left in a patient’s body, the limitations of § 9-3-71 do not apply, but the action must be brought within one year after the negligent or wrongful act or omission is discovered. For this purpose, a foreign object does not include a chemical compound, fixation device, or prosthetic aid or device.

The second situation is delayed diagnosis. A missed condition may not show up until months or years after the first visit. The two-year count still runs from the date of the injury or death, so the timeline of that injury is a key fact. Whether a delayed diagnosis changes the count depends on the facts of the case.

Exceptions and Special Situations Readers Ask About

Some people have different timing rules. Under § 9-3-73(b) and (c), age matters for minors. When the care took place before the child turned five, a claim may be brought within two years after the child’s fifth birthday, but in no event after the child’s tenth birthday. A child who was five or older is subject to the medical malpractice periods of limitation in this article.

The same section subjects a person who was legally incompetent because of intellectual disability or mental illness to the periods of limitation for medical malpractice actions provided in this article (O.C.G.A. § 9-3-73). Exceptions are narrow, so the wording of each section must be matched to the facts.

Georgia’s general rule for people under 18 when a claim arises is in § 9-3-90(b). For minors who had reached age five when the care happened, the periods of limitation for medical malpractice in this article apply under § 9-3-73(b), notwithstanding Article 5 of this chapter.

If a patient died, wrongful death rules apply. Under § 51-4-2(a), a surviving spouse or, if there is none, a child or children may recover the full value of the decedent’s life, as shown by the evidence. Under § 51-4-5(a), when no one is entitled to bring the action under § 51-4-2 or § 51-4-4, the administrator or executor of the estate may bring it and holds any recovery for the benefit of the next of kin.

Common Questions About Filing Deadlines in Georgia

Why Timing Matters Early in a Medical Malpractice Matter

Timing questions take time to answer. Gathering medical records, identifying the date of the act or omission, and noting any delayed discovery each take effort.

Start with the date of the treatment or surgery. Collect discharge papers, follow-up notes, and bills. Write down when symptoms began and when a family member first raised a concern.

These dates show which deadline may apply first. An early timeline also leaves room to request records and plan next steps well before a deadline gets close.

This matters most when you are acting for a loved one who is still recovering. Your caregiving load can make it hard to track dates, so a written timeline helps.

Talk With T. Madden & Associates About Your Timeline

If someone you care about was harmed by medical care, you may be trying to understand what happened and whether a deadline is already running. That is a hard place to stand, and you don’t have to sort out the dates alone.

Attorney Terance Madden has practiced in Georgia since 1999, and T. Madden & Associates, P.C. has offices in Jonesboro, Atlanta, Decatur, Macon and Augusta. Our team can talk through your dates in a free first consultation. That consultation is confidential and carries no obligation to continue.

Disclaimer: This page is general information, not legal advice, and it does not predict any result. The responsible lawyer for this page is Terance Madden of T. Madden & Associates, P.C. To contact the firm, use the contact page.