What You Should Know About the Georgia Medical Malpractice Statute of Limitations
It is a cornerstone of Georgia law that medical professionals must pay compensation when they negligently injure someone.
If your doctor or another medical professional commits malpractice, you might be able to receive compensation for medical bills, lost wages, and pain and suffering.
However, Georgia law only gives you a limited amount of time to bring a lawsuit. This amount of time is set by the state’s “statute of limitations.”
Read on for more information about your rights under the medical malpractice statute of limitations in Georgia.
For immediate assistance, please call our experienced Georgia medical malpractice lawyers at (706) 354-4000 or send us an online message today for a free consultation.
Key Points
- In Georgia, the statute of limitations for most medical malpractice claims is two years from the date the injury or death occurred.
- Georgia law also includes a statute of repose that generally bars medical malpractice claims more than five years after the negligent act, even if the injury was discovered later.
- Certain exceptions may apply, such as cases involving minors, foreign objects left in the body, or fraud that prevented discovery of the malpractice.
Statute of Limitations for Medical Malpractice in Georgia
Generally, Georgia Code § 9-3-71 gives patients only two years from the date of injury or death to bring a lawsuit for medical malpractice.
The clock does not start running on the date you receive medical treatment unless you suffered an injury at that same time.
For example, consider the following:
- In surgery, a doctor makes a fatal mistake that costs your spouse his life. Here, the death occurred on the same day as the surgery, so the clock starts to run on that date.
- In surgery, a doctor makes a mistake that severely wounds your spouse, who dies a month later. In this situation, the clock starts running at the date of death, not the date of surgery.
- A doctor prescribes medication that ultimately causes cancer two years later. The clock probably starts running on the date you developed cancer, which is the injury.
There are many exceptions to the statute of limitations, which we deal with below.
A Different Statute of Limitations for Foreign Objects in Georgia
Doctors sometimes leave sponges, clamps, or other objects in a patient after surgery. Georgia Code § 9-3-72 sets a one-year medical malpractice statute of limitations in these cases. The clock starts ticking from the date you discovered the foreign object—not from the date of surgery.
The Statute of Repose
Georgia ultimately cuts off your right to sue after five years have passed from the negligent or wrongful treatment you received. This is the statute of repose, and it limits your ability to sue.
For example, you might have received treatment 10 years ago that was negligent, which ultimately weakened your heart. If you suffer a heart attack, you might want to blame the doctor who treated you a decade earlier.
In this case, you might think the GA medical malpractice statute of limitations clock starts from the date of the heart attack, giving you two years to sue. However, the statute of repose cuts off your ability to sue because more than 5 years have passed since the doctor negligently treated you.
The statute of repose might sound unfair—because it is. Nevertheless, it is the law Georgia’s legislature passed.
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Statute of Limitations for Minors in Georgia
A separate Georgia medical malpractice statute of limitations applies to children. Children who suffer an injury might get additional time to bring a medical malpractice lawsuit.
Under § 9-3-73, the statute of limitations for medical malpractice in Georgia cannot run out before a child’s 7th birthday. This means if your child is injured before turning 5, he or she can still sue up to age 7, even if more than two years have passed.
The statute of repose also cannot run out until your child reaches age 10. For example, your daughter might have received negligent medical treatment at age 3. Even though more than five years have passed since the treatment, she can still sue at age 9.
Have Questions About the Georgia Medical Malpractice Statute of Limitations? Contact Us
Georgia’s statute of limitations for medical malpractice is complicated, and injured victims would do well to reach out to a qualified medical malpractice attorney as soon as possible. There is no time to delay.
To speak with an experienced Athens medical malpractice lawyer at Blasingame, Burch, Garrard, & Ashley, please contact us today.
Get started by calling (706) 354-4000 or filling out our short online form.
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