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Statute of Limitations for Medical Malpractice in Georgia

On Behalf of | Aug 6, 2016 | Medical Malpractice

When you and your loved ones go to the doctor, you trust your physician, surgeon or nurse to provide you with proper care for your illnesses and injuries. Yet every year thousands of people are injured or killed by the negligence of a medical professional. If you have been injured by a medical professional, it is important you understand there is a time limit, called the statute of limitations, by which you must file a suit for your injury. Continue reading for more information on Georgia’s medical malpractice statute of limitations by our Peachtree City medical malpractice attorney.

Georgia’s Standard Time Limit

In Georgia, you have two years to start your injury lawsuit from the time of injury or death caused by medical malpractice. If you fell ill or had an injury that did not show up immediately, you have five years from the time when the malpractice occurred.


Foreign Object – If a foreign object is discovered inside a patient, the patient has one year from the time of discovery to file a medical malpractice claim.

Fraudulent Concealment -if the medical practitioner intentionally concealed the injury so you were unable to discover it, the clock does not start ticking until you discover the injury.

Under Five Years Old – If the injury occurred before the plaintiff was five years old, the time limit does not begin until that individual turns five.

Mentally Disabled-If a person is mentally disabled the overall five-year statute of limitations applies to them.

Does Georgia Medical Malpractice Damage Caps?

In the past Georgia did have medical malpractice damage caps, however, these were ruled unconstitutional in 2010. Currently, the only limit on damages is punitive damages, which are capped at $250,000 for medical malpractice.

Contact a Peachtree City Medical Malpractice Attorney

If you or a loved one was injured as a result of a negligent medical professional, you should contact our experienced Peachtree medical malpractice attorney. Our legal team is committed to providing compassionate, confidential legal representation. Give us a call – our consultations are free.

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