Georgia

Statute of Limitations

Medical Claim Generally:

“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.” However, “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.” [Ga. Code Ann. § 9-3-71] If you didn’t know about the injury until later, the deadline is two years from the date you discovered it, however, you can’t file a lawsuit more than five years after the date of injury or death.

Minors:

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. In no event may a medical

malpractice action be brought by or on behalf of 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.

Wrongful death:

“The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence.” Generally, this claim must be filed within 2 years. [O.C.G.A. § 51-4-2.]

Damage Caps

Attorney Fee  Caps

Pre-suit Requirements

Expert Qualifications

Negligent Credentialing Claims