Medical Malpractice Statute of Limitations in Georgia
Last verified 2026-07 · Source: O.C.G.A. § 9-3-71 ✓ verified · 3 sources
The deadline
2 years
from the date on which the negligent or wrongful act or omission occurred (i.e., the date of injury), under O.C.G.A. § 9-3-71.
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Under O.C.G.A. § 9-3-71, you have 2 years from the date on which the negligent or wrongful act or omission occurred (i.e., the date of injury) to file a medical malpractice claim in Georgia. Miss it and you lose the right to sue — but several Georgia-specific exceptions can extend (or shorten) that window, detailed below.
Georgia Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 2 years | O.C.G.A. § 9-3-71 |
| Car Accident | 2 yrs | O.C.G.A. § 9-3-33 |
| Credit Card Debt | 6 yrs | O.C.G.A. § 9-3-24 |
| Wrongful Death | 2 yrs | O.C.G.A. § 51-4-1 et seq.; O.C.G.A. § 9-3-33 |
| Personal Injury | 2 yrs | O.C.G.A. § 9-3-33 |
| Dog Bite | 2 yrs | O.C.G.A. § 51-2-7 (vicious animal liability); SOL: O.C.G.A. § 9-3-33 |
| Slip and Fall | 2 yrs | O.C.G.A. § 9-3-33 |
| Defamation | 1 yr | O.C.G.A. § 9-3-33 |
| Breach of Contract | 6 yrs | O.C.G.A. § 9-3-24 |
| Medical Debt | 6 yrs | O.C.G.A. § 9-3-24 |
When the Clock Starts
In Georgia, the limitations period for medical malpractice claims generally begins on the date on which the negligent or wrongful act or omission occurred (i.e., the date of injury). Georgia does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Claims against a state-operated hospital require an ante litem notice to the Department of Administrative Services within 12 months under the Georgia Tort Claims Act, O.C.G.A. § 50-21-26 (municipalities require 6-month notice under § 36-33-5).
Plaintiff must file an expert affidavit setting forth at least one negligent act with the complaint under O.C.G.A. § 9-11-9.1; Georgia's former $350,000 noneconomic damages cap was struck down as unconstitutional in Atlanta Oculoplastic Surgery v. Nestlehutt (2010).
Source: O.C.G.A. § 9-3-71, official Georgia statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Georgia government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Georgia Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Georgia | 2 years | O.C.G.A. § 9-3-71 |
| Florida | 2 yrs | Fla. Stat. § 95.11(5)(c) |
| Alabama | 2 yrs | Ala. Code § 6-5-482 |
| Tennessee | 1 yr | Tenn. Code Ann. § 29-26-116 |
| North Carolina | 3 yrs | N.C. Gen. Stat. § 1-15(c) |
| South Carolina | 3 yrs | S.C. Code Ann. § 15-3-545 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Georgia?
You have 2 years from the date on which the negligent or wrongful act or omission occurred (i.e., the date of injury), under O.C.G.A. § 9-3-71.
Can I still sue after 2 years in Georgia?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Georgia generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Claims against a state-operated hospital require an ante litem notice to the Department of Administrative Services within 12 months under the Georgia Tort Claims Act, O.C.G.A. § 50-21-26 (municipalities require 6-month notice under § 36-33-5).
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Sources
- Official O.C.G.A. § 9-3-71 (2024) - Justia (used as official source; Georgia code text is otherwise only on commercial LexisNexis)
- Corroborating Georgia Code Title 9 Civil Practice § 9-3-71 - FindLaw
- Corroborating Georgia Medical Malpractice Lawsuit Deadlines, Expert Affidavit Rules, and Damages - Nolo
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Georgia attorney.