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Georgia Medical Malpractice Statute of Limitations

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Georgia gives you two years to file a medical malpractice lawsuit. The clock starts when the injury or death happened, not when you found out. There is also a hard five-year cutoff called a statute of repose. After five years from the mistake, you cannot sue at all, with very few exceptions. Special rules apply to objects left in the body and to young children.

What the Law Says

O.C.G.A. § 9-3-71, Medical malpractice actions generally, states:

(a) 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.

(b) Notwithstanding subsection (a) of this Code section, in no event may an action for medical malpractice be brought more than five years after the date on which the negligent or wrongful act or omission occurred.

(c) Subsection (a) of this Code section is intended to create a two-year statute of limitations. Subsection (b) of this Code section is intended to create a five-year statute of ultimate repose and abrogation.

(d) Nothing contained in subsection (a) or (b) of this Code section shall be construed to repeal Code Section 9-3-73, which shall be deemed to apply either to the applicable statutes of limitation or repose.

O.C.G.A. § 9-3-72, Foreign objects left in body, states:

The limitations of Code Section 9-3-71 shall not apply where a foreign object has been left in a patient’s body, but in such a case an action shall be brought within one year after the negligent or wrongful act or omission is discovered. For the purposes of this Code section, the term “foreign object” shall not include a chemical compound, fixation device, or prosthetic aid or device.

O.C.G.A. § 9-3-73, Persons under disability and minors, states in part:

(b) Notwithstanding Article 5 of this chapter, all persons who are legally incompetent because of intellectual disability or mental illness and all minors who have attained the age of five years shall be subject to the periods of limitation for actions for medical malpractice provided in this article. A minor who has not attained the age of five years shall have two years from the date of such minor’s fifth birthday within which to bring a medical malpractice action if the cause of action arose before such minor attained the age of five years.

(c) Notwithstanding subsections (a) and (b) of this Code section, in no event may an action for medical malpractice be brought by or on behalf of:

(1) A person who is legally incompetent because of intellectual disability or mental illness more than five years after the date on which the negligent or wrongful act or omission occurred; or

(2) A minor:

(A) After the tenth birthday of the minor if such minor was under the age of five years on the date on which the negligent or wrongful act or omission occurred; or

(B) After five years from the date on which the negligent or wrongful act or omission occurred if such minor was age five or older on the date of such act or omission.

You can read the full statutes on the Georgia General Assembly’s official code site.

In Plain English

A “statute of limitations” is a deadline to file a lawsuit. For medical malpractice in Georgia, it is two years. The clock starts on the date the injury or death occurred. Often that is the same day as the medical mistake. But not always. In a misdiagnosis case, the injury may show up later. Georgia courts have wrestled with when the clock starts in those cases. The details depend on the facts, so talk to a lawyer early.

A “statute of repose” is different. It is a final cutoff. Under subsection (b), no malpractice case can be filed more than five years after the negligent act. It does not matter when you discovered the harm. It does not matter how serious the injury is. After five years, the claim is gone. Courts treat this deadline as very strict.

There is one main exception. If a surgeon leaves a foreign object in your body, you get one year from the date you discover it. Sponges, clamps, and needles count. Under § 9-3-72, drugs, screws or plates meant to stay in, and prosthetic devices do not count.

Children get limited extra time. For most injury claims, Georgia pauses the clock until a child turns 18. Medical malpractice is different. Under § 9-3-73(b), a child who was five or older when the mistake happened gets the same two years as an adult. A child under five gets until two years after their fifth birthday, so until age seven. Even for these young children, the repose deadline is the tenth birthday.

People who are legally incompetent due to mental illness or intellectual disability also do not get the normal pause. They must follow the two-year rule, and the five-year repose applies to them too.

Wrongful death claims from malpractice follow the same statute. The two years run from the date of death.

One more note. Georgia also requires an expert affidavit with a malpractice complaint. Getting that affidavit takes time. Do not wait until the last month to see a lawyer.

Example

On June 1, 2024, a surgeon in Augusta operates on Darnell’s abdomen. On June 10, 2024, Darnell develops a serious infection from a mistake during surgery and needs a second operation. His injury occurred on June 10, 2024. His two-year deadline is June 10, 2026.

Now change the facts. Suppose the surgeon left a sponge inside Darnell. He has vague pain for years. A scan finds the sponge on March 1, 2028. Under § 9-3-72, Darnell has one year from that discovery, until March 1, 2029. The five-year repose in § 9-3-71 does not apply to foreign object cases.

Change the facts once more. Suppose the patient was Darnell’s daughter Ava, who was three at the time. She turns five on April 20, 2026. Her deadline is two years later, April 20, 2028. Under no circumstances can she file after her tenth birthday.

Key Points to Remember

  • Georgia medical malpractice cases must be filed within two years of the injury or death.
  • A five-year statute of repose is a hard cutoff measured from the negligent act.
  • Foreign object cases get one year from discovery and are not subject to the five-year repose.
  • Children five or older follow the adult two-year rule.
  • Children under five have until two years after their fifth birthday, with a hard cutoff at age ten.
  • Legally incompetent adults get no extra time and face the five-year repose.
  • An expert affidavit is required, so start early.

Related Georgia Laws

Official Sources

This page is general legal information, not legal advice. Laws change and every case is different. Talk to a licensed Georgia attorney about your situation.