Georgia Medical Malpractice Statute of Limitations (Updated)

Thousands of people in Georgia trust healthcare professionals to provide safe and effective treatment every year, but these professionals sometimes cause severe injuries due to negligence. If you have been hurt in such a way, you need to understand the Georgia medical malpractice statute of limitations if you intend to pursue a claim and seek compensation for your damages.

Understanding the Georgia Medical Malpractice Statute of Limitations

The statute of limitations is the time limit you must meet when filing a particular type of case. Every state enforces different statutes of limitations for different types of cases, and in Georgia, the statute of limitations for filing a medical malpractice case is two years from the date the negligence occurred.

It is important to note that there is also a statute of repose for medical malpractice cases in Georgia of five years, meaning that no claim may be filed more than five years after the alleged harm occurred. In some cases, the victim of malpractice may not have any noticeable symptoms of their injury right away.

There is one additional statute of limitations for medical malpractice cases in Georgia that pertains to foreign objects left inside a patient’s body during a surgical procedure. Once such harm is discovered, there is a one-year statute of limitations for pursuing a claim. However, this type of claim only applies to specific objects, such as surgical tools or sponges.

Building Your Medical Malpractice Case in Georgia

Between 2013 and 2023, there were 8,852 malpractice cases filed in Georgia out of 502,971 cases filed in the United States during that same time period. However, while Georgia may have a statistically lower rate of medical malpractice than some other states, this type of harm can occur in many ways.

Medical malpractice is a more pervasive issue than many people realize. According to a study from Johns Hopkins University, medical negligence could be responsible for more than 250,000 deaths in the United States each year, making medical malpractice one of the most common causes of accidental deaths. More than one million Americans suffer nonfatal injuries from medical malpractice each year as well.

To file your medical malpractice case in Georgia, you must obtain an affidavit of merit from an appropriately qualified medical professional who can provide a clear explanation as to how the defendant in your case failed to meet the standard of care you required in the situation and caused your injury.

Ultimately, medical malpractice cases are inherently complex, and the Georgia medical malpractice statute of limitations is just one of the procedural obstacles you must overcome to successfully file your case. The attorneys at Barnes Law Group have extensive experience representing Georgia clients in medical malpractice cases, and we are confident we can guide you to a positive outcome in your case. Reach out to us today to learn how we can help.

FAQs

How Do You Prove Medical Malpractice in Georgia?

To prove medical malpractice in Georgia, you must show that the defendant’s negligence during medical treatment resulted in actual harm. It’s important to hire a medical malpractice lawyer shortly after your injury so they can immediately begin gathering evidence for you. They will also need to coordinate expert witness testimony to support your claim.

What Are the Penalties for Medical Malpractice in Georgia?

In Georgia, penalties for medical malpractice usually include liability for the victim’s damages. However, if a defendant’s behavior was particularly egregious, or if they demonstrated that they are a potential danger to future patients because of their actions, they may face disciplinary action from their medical board up to and including loss of their medical license.

What Types of Compensation Can I Claim for Medical Malpractice in Georgia?

The types of compensation you can claim for medical malpractice in Georgia will depend on the nature and severity of your injury. You may be eligible to claim compensation for medical expenses incurred for correcting the injury, lost wages if you cannot work while you recover, and lost earning capacity if the injury caused any type of permanent disability that interferes with your ability to work. You may also claim compensation for pain and suffering.

How Is Pain and Suffering Compensation Calculated in a Medical Malpractice Case?

In a medical malpractice case, pain and suffering compensation can be calculated in various ways. Georgia formerly enforced a cap on non-economic damages in medical malpractice cases, but the Georgia Supreme Court struck this down as unconstitutional. Your medical malpractice attorney can help you determine a suitable amount that reflects the scope and severity of the harm the defendant caused.

Why Should I Hire a Medical Malpractice Lawyer?

You should hire a medical malpractice lawyer to have the greatest possible chance of success with your case. Even if the fault for your damages seems clear, winning a medical malpractice case is more challenging than winning a standard personal injury case. You need an attorney you trust to prove liability for your injury and hold the defendant fully accountable for the damages they have caused.

Contact Barnes Law Group Today

Ultimately, medical malpractice cases are challenging in several ways, and you must meet various procedural requirements to file your case successfully and have the greatest chance of winning. Georgia’s medical malpractice statute of limitations is just one of these requirements. The team at Barnes Law Group is ready to help you navigate your case with confidence, so contact us today and schedule your free consultation with our team.