Medical Malpractice Statute of Limitations in Georgia

In Georgia, the medical malpractice statute of limitations gives you two years from the date of the injury to file suit, and no more than five years from the date of the negligent act in most situations.¹ Several exceptions can shorten that window, extend it, or replace it entirely, depending on who the patient is, what happened, and who the provider works for.

The Two-Year Clock

Under O.C.G.A. 9-3-71, a medical malpractice lawsuit must be filed within two years of the date the injury or death occurred.¹ The clock generally starts on the date of the negligent act, not the day you realized something went wrong. Georgia courts have recognized a limited discovery component that can delay the start of the two-year period until you knew or reasonably should have known about the injury. Even with that extension, the claim remains subject to the five-year outer boundary described below.

The Five-Year Absolute Cutoff

Georgia layers a five-year statute of repose on top of the two-year limitations period.¹ No matter when you discovered the harm, you cannot file more than five years after the negligent act. Whichever deadline expires first controls. For injuries that take years to surface, the repose period often closes the door before the patient has a realistic chance to discover the problem. The only carve-out from this five-year wall is the foreign object rule.

Foreign Objects Left Inside the Body

When a provider leaves a foreign object inside your body, the two-year and five-year deadlines do not apply. You have one year from the date you discover the object to file suit.² Georgia courts have confirmed that the five-year statute of repose does not bar a foreign-object claim filed within that one-year window.

The definition is narrower than it sounds. Chemical compounds, fixation devices, and prosthetic aids do not count.² A retained sponge or broken instrument tip qualifies; a hip implant or surgical screw does not.

When the Patient Dies

If malpractice results in the patient’s death, the two-year period runs from the date of death rather than the date of the negligent act.¹ That matters when a patient survives for months or years after the malpractice before dying of related complications. The Georgia Supreme Court established this rule in Clark v. Singer (1983). The five-year statute of repose still runs from the date of the negligent act, not the date of death.

Children and Incompetent Adults

Georgia does not extend the same tolling to minors and mentally incompetent adults that applies in most other personal injury cases. O.C.G.A. 9-3-73 sets specific malpractice deadlines that override the general disability tolling rule.³

If the child was under five when the malpractice occurred, suit must be filed within two years of the child’s fifth birthday, and no later than the child’s tenth birthday.
If the child was five or older when the malpractice occurred, the standard two-year and five-year deadlines apply with no additional tolling for age.

Adults who are legally incompetent due to intellectual disability or mental illness face the same two-year and five-year deadlines as anyone else. The Georgia Supreme Court enforced that in Kumar v. Hall (1992), holding that O.C.G.A. 9-3-73 barred a claim brought on behalf of an incompetent person outside the prescribed timeframe.⁴ In most other civil claims, an incompetent person can toll the limitations period until competency is restored or a guardian takes over.⁵ Malpractice claims are stripped of that protection.

The one exception: if the claim involves a foreign object, the one-year discovery rule under O.C.G.A. 9-3-72 controls instead of the minor and incompetency deadlines.³

Fraud or Concealment by the Provider

If a provider actively conceals malpractice, the limitations period does not begin to run until you discover the fraud. Under O.C.G.A. 9-3-96, when the defendant’s deception has prevented a timely suit, the clock starts on the date you actually learned of the claim. You carry the burden of proving that the provider’s conduct is what kept you from finding out. Vague suspicion that something was wrong, without proof of concealment, will not carry that burden.

Pause During a Criminal Prosecution

If the same conduct that injured you also leads to criminal charges against the provider, the civil malpractice clock pauses while the prosecution is pending. It stays frozen from the date of the alleged crime until the criminal case reaches final resolution or is otherwise terminated.⁶ The tolling cannot exceed six years total.

Government Hospitals and Clinics Have Shorter Deadlines

Suing a government-run hospital or clinic requires a separate notice step, and missing it can destroy your claim even if you are still inside the two-year statute of limitations. The rules depend on the type of entity.

State facilities: written notice of the claim within 12 months of discovering the injury, sent by certified mail or statutory overnight delivery to the Risk Management Division of the Department of Administrative Services, with a copy to the state entity. The notice must identify the entity, describe the malpractice, state when and where it occurred, and specify the amount claimed. Suit cannot be filed until the Department denies the claim or 90 days pass without action, whichever comes first.⁷
County facilities: claims must be presented within 12 months of when the claim accrues. Minors and other persons with legal disabilities get an additional 12 months after the disability is removed.⁸
Municipal facilities: written notice must be presented to the municipality’s governing authority within six months of the event. Courts will not hear the case until that step is complete.⁹

The six-month municipal notice is the one that catches people out. If your malpractice occurred at a city-owned hospital, the right to sue can lapse before you even know you have a viable claim.

The Expert Affidavit You Must File With the Complaint

Georgia requires a signed expert affidavit filed with the malpractice complaint. The affidavit must identify at least one specific negligent act or omission and set out the factual basis for each claim, and the expert must practice in the same or a similar specialty as the defendant.¹⁰ Filing without the affidavit exposes the case to immediate dismissal.

There is a narrow safety valve when the deadline is imminent. If the statute of limitations falls within ten days of your filing and your attorney was retained fewer than 90 days before the deadline, counsel can file a sworn statement explaining why the affidavit could not be prepared in time. You then have 45 days from the filing of the complaint to submit the affidavit.¹⁰ Courts cannot extend that 45-day window without consent of all parties.

Refiling After a Voluntary Dismissal

If you file a malpractice case and voluntarily dismiss it, Georgia’s renewal statute gives you a second chance. You can refile within either the remainder of the original limitations period or six months from the date of dismissal, whichever gives you more time.¹¹ This works whether the original case was filed in state or federal court. If you dismiss after the original limitations period has already expired, the renewal privilege can only be used once, and you must pay all outstanding costs from the first action before the court will accept the new filing.