Georgia Statute of Limitations for Medical Malpractice (2025)

When you or a loved one has been harmed by medical negligence in Georgia, timing is critical. Georgia law sets strict deadlines for filing a medical malpractice lawsuit, and missing them can mean losing your right to compensation. Below, we explain Georgia’s medical malpractice statute of limitations, the related statute of repose, and all the special rules (for wrongful death cases, young children, “new injury” scenarios, and more) that can affect how long you have to sue. We also provide practical examples to illustrate how these deadlines work in real life. By understanding these rules, you can better protect your rights – and an experienced Atlanta medical malpractice lawyer can help ensure your case is filed on time.

Georgia’s 2-Year Statute of Limitations for Medical Malpractice

Basic Rule – Two Years from Injury or Death: In Georgia, the standard statute of limitations for medical malpractice is two years. This means you generally have two years from the date the malpractice caused an injury or the date of a patient’s death to file a lawsuit. For example, if a surgeon’s error on January 1, 2025, causes you harm that same day, you would typically have until January 1, 2027, to bring a malpractice suit. If a patient dies on June 1, 2025, due to a medical mistake, the family likewise has until June 1, 2027, to file a wrongful death claim (as discussed more below).

No General “Discovery” Rule: Georgia is unusual because it does not broadly delay the start of that two-year clock until you discover the malpractice. Instead, the countdown usually begins when the injury occurs, even if you aren’t aware of the medical error at the time. In other words, the clock starts ticking at the moment the malpractice actually causes harm, not when you later realize what happened. Georgia courts have even said that in a misdiagnosis case, “the misdiagnosis itself is the injury” – not the moment you find out about the correct diagnosis. This can feel harsh, but it’s the law: if you were injured by a doctor’s mistake and could theoretically have sued at that time, the two-year timer likely started then.

Example – Misdiagnosis: Suppose in March 2024, a doctor fails to diagnose a cancer on your X-ray (missing a tumor). If under Georgia law the injury is considered to occur at that time (because you lost the chance for early treatment), the two-year window might expire in March 2026 – even if you don’t discover the cancer until 2025. That’s very different from states with a “discovery rule” that would start the clock only when you found out. Georgia’s approach makes it crucial to act promptly once you suspect malpractice. If you wait until you “feel ready” or until you have absolute proof of negligence, you risk letting the deadline pass.

Who and What This Covers: Georgia’s medical malpractice statute of limitations applies to negligence by healthcare providers of all types – not just doctors and hospitals, but also nurses, clinics, and even dentists. (Yes, the law is the same for dental malpractice – if a dentist’s mistake injured you, you typically still have two years to sue.) It covers any injury or wrongful death arising from a medical provider’s negligence. Keep in mind that filing a lawsuit within the time limit is not optional; if you file even a day late, the court will almost certainly dismiss your case, no matter how severe the harm. Because of this, the safest course is to consult a malpractice attorney as soon as you suspect something went wrong. An attorney can evaluate do you have a medical malpractice case and make sure the paperwork is filed well before the deadline.

The 5-Year Statute of Repose: Georgia’s Absolute Deadline

In addition to the 2-year limitation, Georgia law imposes a 5-year “statute of repose” for medical malpractice cases. The statute of repose acts as a final, hard cutoff: no medical malpractice lawsuit may be filed more than five years after the negligent act or omission occurred, regardless of when the injury was discovered. This is a firm outer deadline meant to prevent indefinite liability and very old claims. Even if the harm from a medical error doesn’t become apparent until many years later, you cannot sue if more than five years have passed since the date of the malpractice.

This five-year rule can be especially tough in situations where a medical error has long-term consequences. For instance, if a doctor’s negligence in 2018 slowly led to a patient’s death in 2024, the family might find that the wrongful death claim is barred because the death occurred more than five years after the malpractice. Georgia law makes no general exception to the repose deadline for late-arising injuries or even death – the malpractice and resulting harm must fall within that five-year window to be actionable.

Policy Behind the Repose: The statute of repose reflects a policy that there should be some certainty and an endpoint for potential claims. Over time, evidence gets lost, memories fade, and it becomes unfair to defend very old incidents. By having a five-year absolute limit, Georgia aims to prevent “stale” claims and keep malpractice insurance and healthcare available (at least in theory). For patients, though, this means you must be vigilant. If you have any inkling that medical negligence occurred, don’t “wait and see” for too long – beyond five years, your rights are likely gone. Again, consulting an attorney early can help you understand how the five-year cutoff applies to your case.

Wrongful Death Claims in Georgia Malpractice Cases

Tragically, some medical malpractice cases involve the death of the patient. In these situations, Georgia law actually creates two separate claims, each with its own rules:

Wrongful Death Claim (Family’s Claim): This claim is brought by the deceased patient’s survivors for the “full value of the life” of the person who passed away. In Georgia, typically the surviving spouse has the first right to file a wrongful death lawsuit (and must share any recovery with the children). If there’s no spouse, the children of the deceased can file, and if no spouse or children, the deceased’s parents may file. In situations where the deceased person leaves no living spouse, children, or parents, the administrator of the decedent’s estate is permitted to bring this claim. A wrongful death lawsuit seeks damages for the intangible value of the lost life – things like the loved one’s lost income and the loss of companionship – rather than the medical bills or pain and suffering (those belong to the estate claim, discussed next).

• Timeline for Wrongful Death Claim: The statute of limitations on a wrongful death claim arising from medical malpractice is generally two years from the date of death. That means if your family member died on June 1, 2025, due to medical negligence, a wrongful death lawsuit on behalf of the family must be filed by June 1, 2027. This two-year clock can sometimes be “tolled” (paused) under special circumstances. One example is if the death resulted from a crime – say a healthcare provider’s actions led to criminal charges (which, while rare in medical cases, can happen in egregious situations). If a related criminal prosecution is pending, Georgia law may pause the civil wrongful death deadline until the criminal case is resolved (but for no more than six years). Another example: if the only people entitled to sue for wrongful death are minor children, the law recognizes that they cannot file on their own. In such cases, the two-year period might be tolled until a guardian is appointed or the child reaches age 18. (Practically, a guardian or executor will usually pursue the claim on behalf of minor children much sooner, but the key is that minors have some protection so their claim isn’t lost because of their age.)

Estate’s Survival Claim (Pain and Suffering Claim): Separate from the family’s wrongful death suit, Georgia allows the deceased patient’s estate to bring what’s called a “survival action.” This is essentially the claim the patient could have filed if they had lived. It covers damages personal to the deceased: for example, the patient’s own pain and suffering before death, medical expenses incurred, and funeral/burial costs. Any compensation from this claim goes into the estate and is distributed to heirs or beneficiaries according to the will or Georgia inheritance law. The survival claim must be filed by the estate’s representative (executor or court-appointed administrator), since the actual injured person is no longer alive to sue.

• Timeline for Estate Claim: The estate’s medical malpractice claim is subject to the same two-year statute of limitations as other malpractice cases, but there’s a big wrinkle: if a person dies before filing a malpractice suit, Georgia law gives extra time to get an estate representative in place. Specifically, the law provides up to five years of “tolling” (pause time) after the death, during which the clock doesn’t run, until an executor or administrator is appointed for the estate. This prevents the two-year limit from expiring while a family is still dealing with probate. For example, if a patient died from malpractice on June 1, 2025, and no estate administrator is immediately appointed, the two-year clock for the estate’s claim won’t start right away. It will wait until someone is appointed to represent the estate (or until five years pass, whichever comes first). Once an administrator is in place, the estate would then have the standard two years from that date to file the survival action. However, even this generous rule has limits: the law absolutely prohibits filing an estate claim more than five years after the date of death, regardless of probate status. In other words, the estate’s claim gets at most a five-year grace period to find an administrator, and then two years to sue, capping out at no more than seven years post-death in total.

Coordinating Both Claims: In a malpractice wrongful death situation, both the wrongful death claim and the estate’s claim are usually pursued together (often in one lawsuit, but pleaded separately). It’s important to note that both claims are still constrained by the 5-year statute of repose from the date of the malpractice. The repose can be a lurking deadline that cuts things off regardless of death or delays. Families facing a potential wrongful death case should seek legal counsel quickly to navigate these timelines. There may be an administrator to appoint, minors to account for, or other procedural steps – all against the ticking clock. Our firm understands how overwhelming this can be in the wake of a loss, and we approach these cases with compassion and urgency to protect your family’s rights.

Georgia’s “New Injury” Rule for Misdiagnosis Cases

One of the most complex timing rules in Georgia malpractice law is the “new injury” rule. This rule can extend the two-year deadline in certain misdiagnosis or failure-to-diagnose cases by treating a later consequence as a fresh starting point for the clock. It’s essentially a narrow exception to the usual “injury occurs at the time of malpractice” approach. Here’s how it works:

The Basics of the New Injury Exception: If a doctor’s misdiagnosis or missed diagnosis leads to a new and distinct injury that only arises sometime after the initial mistake – and crucially, there was a period in between where the patient wasn’t experiencing symptoms – then Georgia courts may consider the statute of limitations to start running at the time of that new injury. In plainer terms, the clock begins when the patient first experiences the resulting new harm, rather than when the doctor made the misdiagnosis. This rule is designed to prevent extreme injustice in cases where the real harm of the malpractice doesn’t materialize until much later.

Example – Cancer Misdiagnosis: Let’s say in 2022, a radiologist negligently reads your scans as normal when in fact you have early-stage cancer (an instance of cancer misdiagnosis and a form of radiology malpractice). At that time, the cancer is small and confined, and for a while you have no symptoms – the disease is silently progressing but not causing obvious injury yet. In 2024, however, the cancer aggressively spreads (metastasizes) to other organs, and you become very ill. Under the new injury rule, the “injury” could be considered to occur in 2024 when the cancer’s spread first causes significant harm, rather than in 2022 when the misdiagnosis happened. In that scenario, the two-year limitation clock would start in 2024, giving you until 2026 to sue, instead of expiring in 2024.

Not a Discovery Rule, But a New Injury Rule: It’s important to understand that this exception doesn’t mean you can wait until you discover the doctor’s error – it’s not a broad discovery rule. The focus is on the timing of the physical injury, not when you realized it was malpractice. In the example above, the clock started when the cancer spread and caused harm, even if you didn’t yet know the earlier scans were misread. If, on the other hand, your condition was simply getting worse continuously from 2022 onward (i.e., you had symptoms or damage the whole time), then there is no “new” injury – it’s considered the same injury continuing, and the clock would have started in 2022. Georgia courts require two elements for the new injury rule to apply: (1) a truly new, different injury arising later, and (2) an interval of time where the patient was relatively symptom-free or not experiencing the ongoing harm. Without both, the standard rule (injury at the time of malpractice) applies.

Real-World Scenarios: The new injury rule has been applied in a limited number of cases. One example involved a failure to diagnose a treatable colon lesion that later developed into widespread terminal cancer; the courts viewed the spread as a new injury, restarting the clock. Another example is a patient who was misdiagnosed in an ER and sent home, only to suffer a massive stroke days later after an asymptomatic period – the stroke was deemed a new injury caused by the earlier misdiagnosis, so the patient’s lawsuit filed within two years of the stroke was allowed. Conversely, courts have rejected new injury arguments where the patient’s condition simply worsened over time without a distinct break or new event. In one Georgia case, the Supreme Court emphasized that if the patient “continued to suffer from exactly the same condition” and it just gradually declined, that’s not a new injury – the time still ran from the initial misdiagnosis.

Limits of the New Injury Rule: Even when the new injury rule applies to start the two-year clock later, it does not extend the statute of repose. The overall five-year limit from the date of the malpractice still reigns supreme. So in our example, if the misreading of the scan was in 2015 and the cancer spread (new injury) happened in 2021, that’s more than five years later – unfortunately, the statute of repose would bar the claim entirely. The new injury doctrine is also described by Georgia courts as a “very extreme” and fact-specific exception. It’s not something that applies in most cases, and reasonable minds can differ on what counts as a new injury versus a continuation of the old. Because of this nuance, it is vital to have a knowledgeable malpractice attorney evaluate whether your situation might fit the new injury rule. We stay up to date on the latest Georgia court decisions in this area and can advise you if this exception could save an otherwise time-barred case.

Other Special Exceptions and Tolling Rules

Georgia law includes a few additional rules that can modify or pause the normal deadlines in specific situations. Below are some key exceptions and how they work:

• Foreign Object Left in Body: If a doctor or surgeon leaves a “foreign object” inside a patient’s body (such as a surgical sponge or instrument left after surgery), the usual 2-year and 5-year time limits do not apply. Instead, you have one year from the date you discover the foreign object (or when you reasonably should have discovered it) to file a malpractice lawsuit. This is an explicit carve-out in Georgia’s statute. For example, if a surgical clamp was left inside you in 2018 but you only discovered it with an X-ray in 2024, you have until 2025 to sue for that negligence. The rationale is that it’s patently unfair to expect a patient to know about something hidden in their body. (Note: This exception applies to true foreign objects like tools or sponges; it doesn’t include things like chemical compounds or prosthetic devices that were intentionally implanted.)
• Minors Under Age Five: When the patient injured by malpractice is a very young child, the law gives extra leeway. A minor who was under 5 years old when the malpractice occurred has until their 7th birthday to file a medical malpractice lawsuit (through a parent or guardian). In effect, the statute of limitations “does not expire” until the child turns 7, even if the normal two-year period would have run earlier. Additionally, the five-year statute of repose is extended for these children: if the malpractice happened when the child was an infant or toddler, no case can be filed after the child’s 10th birthday.
• Fraudulent Concealment by the Provider: What if the doctor or hospital deliberately hides their error, making it impossible for you to discover the malpractice? Georgia law does allow for tolling of the statute of limitations in cases of fraud. If a healthcare provider fraudulently conceals the negligence (for example, altering medical records or lying to you about what happened), the clock can be paused until you reasonably discover the fraud. In practice, courts will look for evidence that the provider’s deception prevented you from filing in time. It’s important to note, however, that fraud tolling in Georgia does not extend the statute of repose – even intentional concealment won’t let you sue beyond the five-year outer limit in most cases. Still, if you suspect a cover-up, tell your attorney. We may need to dig into records and communications; uncovering fraud could be the key to reviving a claim that otherwise appears time-barred.
• No Tolling for Mental Incapacity: One exception that surprises many is that Georgia does not toll (pause) the medical malpractice statute of limitations for adults who are “legally incompetent” due to mental illness or intellectual disability. In ordinary personal injury cases, the law sometimes tolls deadlines if the injured person is mentally incapacitated and unable to handle their affairs. But Georgia’s malpractice statute specifically says that even a patient who is comatose, has severe cognitive impairments, or is mentally ill is subject to the same two-year and five-year limits. The implication is that if a victim cannot act, a guardian or family member must act on their behalf within the normal time frame. This lack of tolling for mental incapacity has been challenged as unfair, but it remains the law. Families need to be aware that if a loved one is incapacitated by a medical injury, they should move forward with legal action promptly through a representative – the clock is still ticking.

Don’t Wait – Protect Your Rights Now

Medical malpractice cases are among the most complex and time-intensive legal matters, and they require prompt action. Not only do you need to investigate and build a case, but simply preserving your right to sue means keeping track of the various deadlines we’ve outlined. To put things in perspective, a well-known Johns Hopkins study suggests that medical errors are the third leading cause of death in the United States (behind heart disease and cancer). That is a staggering statistic – and it means thousands of patients and families each year may face the heartbreak of injury or loss due to medical negligence. But if they don’t act in time, those victims may never get accountability or compensation. We don’t want that to happen to you.

The Importance of Early Action: If you suspect that you or a family member has been harmed by a medical mistake – whether it’s a surgical error, a misdiagnosis, a medication error, or any other type of malpractice – it’s wise to reach out to a lawyer as soon as possible. Even if you’re not sure, “Do I have a medical malpractice case?”, a qualified attorney can evaluate your situation and advise you on your options. There’s no downside to getting this information early. Remember that malpractice lawsuits have to clear many hurdles: obtaining medical records, consulting expert witnesses who can review the care, and often dealing with lengthy legal proceedings. In fact, many medical malpractice lawsuits can take a year or more from filing to resolution (and complex cases can take several years). Starting the process sooner means you’re more likely to resolve your case earlier – and ultimately, that can bring peace of mind and financial relief sooner as well.

We’re Here to Help: At Davis Adams, we focus exclusively on medical malpractice cases, and we have a deep understanding of Georgia’s malpractice laws and timelines. Our team has successfully handled cases ranging from wrongful death due to hospital errors to birth injuries to missed cancer diagnoses and beyond. We know how to quickly determine which deadlines apply and to navigate any exceptions that could affect your case. When you work with us, we take on the burden of managing these legal time frames so you can focus on healing and family. Our Atlanta medical malpractice lawyers will guide you step by step, from investigating what happened to filing the lawsuit on time, and all the way through settlement or trial. We also operate on a contingency fee, which means there’s no upfront cost to you, and no fee at all unless we win your case. This allows you to get legal help without added financial stress.

If you believe you or someone you love was harmed by a medical professional’s negligence, don’t wait until it’s too late. Even if a surgery was months or years ago, you may still have time – but every day counts. It’s worth asking, “Can you sue a doctor after surgery if something was done wrong?” The answer is yes, you can – but you must do so within the legal deadlines. By getting a knowledgeable lawyer involved early, you’ll ensure that no critical deadline is missed and that your case is as strong as possible. We are passionate about helping Georgia patients and families seek justice, and we approach each case with the care and urgency it deserves.

Compassionate Guidance When You Need It Most

Facing a potential medical malpractice case in Georgia can feel daunting, especially while you’re coping with an injury or loss. Our goal is to ease that burden. At Davis Adams, we focus exclusively on helping patients and families harmed by medical negligence. We understand the complexities of Georgia’s malpractice laws and have guided many clients through these very timelines. More importantly, we know that behind every case is a person or family dealing with pain, confusion, and a sense of betrayal. You don’t have to go through this alone.

If you have questions about the Georgia medical malpractice statute of limitations or worry that time may be running out, please know that we’re here to listen and help. We invite you to reach out and share your story with our team. There is no cost for an initial consultation, and no obligation. We’ll give you an honest assessment of your case’s timing and legal options. Even if you’re not sure whether something went wrong, it’s better to know for certain while you still have time to act. Your health and your story matter, and so does your peace of mind. Let us help you understand your rights and take action if needed – before the clock runs out. Remember, the law may set tight deadlines, but compassionate legal support is just a phone call away. We’re ready to stand by your side and fight for the justice you deserve, every step of the way.

***Legal Disclaimer: The information on this page is for general educational purposes only and should not be construed as legal advice. Viewing or using this content does not create an attorney–client relationship with Davis Adams, LLC. Because laws and court interpretations vary from state to state, frequently change, and because every case is unique, you should consult a qualified attorney about your specific circumstances before taking any legal action.