As with other types of legal claims, medical malpractice cases are time-sensitive. You have a limited period of time to file a medical malpractice lawsuit. The statute of limitations is two-years. Though, as the harm caused by medical malpractice is not always immediately discoverable, that deadline can sometimes be extended. However, Georgia has a second deadline—known as the statute of repose—which sets a hard time limit for medical malpractice claims. Here, our Atlanta medical malpractice lawyers provide a comprehensive overview of the statute of repose for medical malpractice claims in Georgia.
Georgia has a Two-Year Statute of Limitations for Medical Malpractice Claims
First and foremost, it is crucial that you know the actual statute of limitations for a medical malpractice lawsuit. In Georgia, medical malpractice claims must be filed within two years from the date the injury or death occurred due to a healthcare provider’s negligence. The statute of limitations is a strict deadline that applies to most cases. If a lawsuit is not initiated within this timeframe, the injured patient—or the family in cases of wrongful death—loses the right to seek compensation through a lawsuit.
Note: Some exceptions to Georgia’s medical malpractice statute of limitations can apply—most importantly, when the patient does not and could not have immediately realized they were harmed.
The Harm Caused By Medical Negligence is Not Always Immediately Discoverable
Here is one of the biggest challenges that patients face: Not all medical malpractice-related injuries, illnesses, and medical complications are evident right away. Quite the contrary, in some cases, a patient may not experience symptoms of harm until months or even years after the negligent act occurred. Georgia law accounts for this by applying the “discovery rule” to medical malpractice lawsuits. If an injury is not immediately apparent, the statute of limitations may begin from the date the patient reasonably should have discovered the injury or medical complications.
For example, if a surgical instrument is left inside a patient’s body, the two-year clock may start when the foreign object is detected rather than when the surgery took place. It could be many months after an object was left in a patient (or longer) before they actually know what is wrong with them. Along the same lines, imagine that a person reports an issue to a doctor during an exam. They are told that it is fine and no tests are needed. Six months later, they are diagnosed with cancer. That patient may have a medical malpractice claim for failure to diagnose. However, the statute of limitations would not run until they knew or should have known that a failed diagnosis happened.
An Overview of the Medical Malpractice Statute of Repose in Georgia
Although Georgia has a discovery rule that acts as an exception to the state’s statute of limitations, the state also enforces a five-year statute of repose for medical malpractice lawsuits. Under Georgia law (Georgia Code § 9-3-71), there is a five-year absolute time limit on filing a lawsuit for medical malpractice—regardless of when the injury is discovered. Even if a patient does not realize they were harmed until years later, they cannot file a claim if more than five years have passed since the date of the negligent act. Because these deadlines are strict, it is crucial for victims of medical negligence to seek legal counsel as soon as possible after they realize that something went wrong. A top-tier Atlanta medical malpractice attorney can protect your rights and help you get justice.
Key Exception to the Statute of Repose: if a healthcare provider fraudulently concealed the malpractice, the statute of repose may be extended.
How Our Georgia Medical Malpractice Lawyers Can Help
You have a limited amount of time to file a medical malpractice lawsuit in Georgia. Beyond the two year statute of limitations, the state’s five year statute of repose may also be an issue in your case. A proactive approach is a must. At Chance, Forlines, Carter & King, PC, we are committed to fighting for justice and the maximum compensation for medical malpractice victims. With a proven record of verdicts and settlements, we provide personalized advocacy. Your initial consultation with our Georgia medical malpractice lawyer is free, confidential, and carries no obligations.
Schedule a Free Case Review With Our Atlanta Medical Malpractice Attorneys
At Chance, Forlines, Carter & King, PC, our Georgia medical malpractice lawyers are aggressive, experienced advocates for patients and families. If you have any questions or concerns about the statute of repose, we are here to help. Give us a call now or contact us online to set up your no cost, no strings attached case evaluation. With an office in Atlanta and Augusta, we fight for the rights of medical malpractice victims throughout Georgia.