What Is the Statute of Limitations for Medical Malpractice in Georgia?
In Georgia, the statute of limitations for medical malpractice is generally 2 years under O.C.G.A. § 9-3-71.
Medical malpractice Deadlines in Georgia
How long do you have to file a medical malpractice claim in Georgia?
In Georgia, the statute of limitations for medical malpractice is generally 2 years under O.C.G.A. § 9-3-71. The full rule is: 2 Years (5-yr repose).
When does the clock start for medical malpractice in Georgia?
Two years from the date the injury or death arising from the negligent act occurred.
Can the Georgia deadline for medical malpractice be extended?
Subsection (b) imposes a five-year statute of repose measured from the negligent act, which can bar a claim regardless of discovery. An expert affidavit is required at filing under O.C.G.A. § 9-11-9.1.
Is the deadline different if the claim is against the government in Georgia?
Often, yes. Ante litem notice — 6 months for municipalities under O.C.G.A. §§ 36-33-5, 36-11-1, 50-21-26. Georgia sets three different ante litem deadlines depending on the defendant: six months for a municipality under § 36-33-5, twelve months for a county under § 36-11-1, and twelve months for the State under the Georgia Tort Claims Act, § 50-21-26. The six-mont…
How does Georgia compare to other states for medical malpractice?
Georgia's 2 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in Georgia:
