Georgia Medical Malpractice Statute of Limitations

Georgia Medical Malpractice Statute of Limitations

The Georgia Medical Malpractice Statute of Limitations depends upon certain factors that are different case by case. An experienced Georgia medical malpractice attorney can help you determine what statute of limitations applies to you.




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The Most Awarded Medical Malpractice Attorneys in Georgia

Mr. Davis is an accomplished medical malpractice attorney in Atlanta, Georgia. He has received virtually every award and honor available to Georgia trial attorneys. He is one of the foremost experts on medical malpractice law in Georgia. Published on March 16, 2017, last updated on June 21, 2019.

Medical malpractice is scary, and failing to meet the Georgia medical malpractice statute of limitations can be detrimental. Anyone who needs to submit medical malpractice litigation in Georgia first needs to know about the statute of limitations. This is a law that places a strict limitation on how quickly you need to get your case started within the civil court system.


In Georgia, patients only have a limited period of time known as the statute of limitations. After this period of time expires, victims of an accident or injury can no longer file a lawsuit to recoup damages.


The best option to ensure you meet the Georgia medical malpractice statute of limitations for filing a suit is to retain adequate legal advice from the Davis Adams legal team right away, as soon as you suspect you or your loved one has experienced medical malpractice.

Statute of Limitations for Medical Malpractice in Georgia

If you fail to file a suit before the statute of limitations for medical malpractice in Georgia has ended, the court is almost certain to dismiss your situation. This is true regardless of how badly you were harmed or how obvious the malpractice is.


That is why it’s essential to understand and comply with the medical malpractice statute of limitations. Consulting a Georgia attorney can provide the information you need.

Get More Information on the Medical Malpractice Statute of Limitations in Georgia

With Davis Adams, you are getting the absolute best malpractice firm in the state of Georgia. Partners Jess Davis and Chad Adams have received virtually every award and honor available to trial attorneys in the state.


Help with Georgia Medical Malpractice Statute of Limitations

We’ve fought for clients in every type of medical negligence case there is. Our record speaks for itself, tens of millions of dollars recovered in verdicts and settlements. Before it’s too late, let’s discuss your options.

Georgia medical malpractice occurs when a hospital, physician, or other health care professional causes an injury to a patient. The negligence might be the consequence of errors in aftercare, treatment, identification, or wellness management. As medical malpractice attorneys, we see many cases of assisted living facility negligence, but it can also occur in a regular hospital or even just at a doctor’s office visit.


Georgia medical malpractice statute of limitations varies based on the type of harm as well as certain other factors. Generally speaking, in Georgia, the statute of limitations for a medical malpractice suit is just two years. For medical malpractice cases involving children under the age of 5, a case can be filed anytime before the child’s 7th birthday.


However, if a foreign object is left in the body after surgery, the statute of limitations is different, because the clock starts after you discover the foreign object and runs for one year. Likewise, if the malpractice takes place at a government-affiliated healthcare institution, you have one year to file.


Medical malpractice takes many forms that might lead to a lawsuit:


  • Disregarding or failing to take the appropriate patient history
  • Failure to diagnose 
  • Failure to order proper testing
  • Failure to recognize symptoms
  • Improper medication or dosage
  • Misreading or ignoring laboratory results
  • Premature discharge
  • Poor follow-up or aftercare
  • Surgical errors
  • Unnecessary surgery


There are other medical malpractice issues that may deserve a suit. An attorney familiar with the various practice areas can assess your situation and advise if you may have a case.


If you have to file medical malpractice, the statute of limitations in Georgia restricts the number of years you have to file. If you file in a timely manner and can prove your medical malpractice case in court, you could receive monetary compensation.


Within Georgia medical malpractice statute of limitations, there are various kinds of damages available to hurt patients. These include the following:


  • compensatory damages for medical expenses and wages lost
  • compensation for pain and distress
  • punitive damages to punish a medical provider who caused a patient injury


Punitive damages are only allowed in cases where there is very clear evidence that reveals the behavior of the healthcare provider included fraud, malice, or willful misconduct.

In most medical malpractice cases, like typical emergency room malpractice situations, the problems did not stem from an intent to harm. Rather, errors or omissions occur because doctors and medical staff are overworked. In these situations, punitive damages are not applicable.

Litigating Medical Malpractice Cases in Georgia

When it comes to litigating medical malpractice cases in Georgia, the statute of limitations restricts when a suit can be filed.


A patient has the right to expect that health care professionals will deliver care that’s consistent with certain standards. If that level of care wasn’t met, then negligence might be established.


For example, if an accident like a bedsore was the result of negligence, it isn’t enough that a health care professional only violated the standard of care. In order to have a case for a bedsore lawsuit, the patient should also prove that the harm he or she received was caused by the negligence. There’s no case if there’s an accident without negligence or that negligence did not lead to an injury.


This is a complicated issue that a skilled Georgia medical malpractice lawyer can explain.

Medical Malpractice Georgia

For a case to be workable, the patient must demonstrate that significant damages resulted from an injury received due to medical negligence. If the damages are modest, the cost of pursuing the case may be greater than the eventual monetary damages received.


To pursue a medical malpractice claim, the patient must demonstrate that the harm caused disability, loss of earnings, unusual pain, distress, and adversity, or important past and future medical bills.

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We offer expert help with the medical malpractice statute of limitations in Georgia.


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Contact medical malpractice statute of limitations attorneys in Georgia.

Georgia medical malpractice laws are fairly straightforward. Although the definition of “standard of care” may vary slightly from jurisdiction to jurisdiction, in general, it is a generally accepted set of standards and practices used by medical professionals to treat patients suffering from ailments or disease.


The quality of maintenance will vary depending on a number of factors, such as overall health and the individual’s age. Attorney Jess Davis counsels individuals every day.

Georgia Medical Malpractice Law

You will need to prove that the physician’s breach of the standard of care is what caused your injury when you file your Georgia malpractice claim. This can be tricky to prove. Oftentimes, it requires the use of expert witnesses who are knowledgeable about medicine. That can be expensive, however, lawyer Chad Adams is experienced at this type of litigation.

OCGA 9 11 9.1

Conventional Georgia medical malpractice statute of limitations for litigation can be found at OCGA 9 11 9.1 and part 9-3-71 of the Official Code of Georgia Annotated. It says “an action for medical malpractice shall be brought within two years following the date on which an injury or death arising from a negligent or wrongful act or omission occurred.”

OCGA 9-11-9.1

The Georgia law OCGA 9-11-9.1 goes on to specify that “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.”


This last element of this law is known as a “statute of repose.” It’s important in circumstances where a medical error occurs, but injury to the individual does not manifest immediately, or when medical malpractice ends up causing a patient’s death years after the treatment error occurred. In a case like this, the lawsuit must be filed within five years of the error happening.


This Georgia medical malpractice statute of limitations is firm even where it’s clear that the patient’s death was brought on by the mistake.


The only exception to the overall five-year deadline for Georgia medical malpractice lawsuits is where a “foreign object” has been left in a patient’s own body. Consult a Georgia attorney for more information.

Georgia’s Top Medical Malpractice Statute of Limitations Lawyers


Get Help Navigating the Medical Malpractice Statute of Limitations in Georgia

Medical malpractice attorneys in Georgia are necessary for dealing with the complex undertaking of dealing with this sensitive issue. The health and legal issues are notoriously complex. Plus, the injured patient, or his or her legal representative, usually need to comply with procedural rules, such as the Georgia medical malpractice statute of limitations regulations, that are unique to these sorts of suits.

Navigating Medical Malpractice in Georgia

In order to be successful in your medical malpractice case, you need to comprehend how any statutory reimbursement limits (“damages caps”) and the statute of limitations will affect your Georgia court case. For assistance and to learn more, contact us at Davis Adams.