Statute of Limitations for Medical Malpractice in Georgia (2026)
In Georgia, you generally have 2 years to file a medical malpractice lawsuit. Enter your incident date below to see your exact deadline.
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Time remaining
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👆 Select your jurisdiction, claim type, and incident date above to see your filing deadline.
Georgia Medical Malpractice Deadline: The Details
| Standard limitations period | 2 years |
|---|---|
| Discovery rule | Generally no |
| Statute of repose | 5 years (absolute outer limit) |
| Tolling for minors | Yes — typically until age 18 |
| Statute citation | Ga. Code (medical malpractice provision) |
What This Means for Your Georgia Case
Medical malpractice covers injuries caused by a healthcare provider's failure to meet the accepted standard of care — surgical errors, misdiagnosis, medication mistakes, or birth injuries.
In Georgia, the law gives you 2 years from when your claim arises to file a lawsuit for medical malpractice. For this claim type, the clock generally begins on the date of the incident, so it is best to act promptly.
An outer statute of repose of 5 years may bar claims regardless of discovery. Missing the deadline almost always means losing the right to sue, so if you are close to the 2 years mark, treat it as urgent and speak with an attorney right away.
Common Questions: Medical Malpractice in Georgia
What is the statute of limitations for medical malpractice in Georgia?
In Georgia, the standard statute of limitations for medical malpractice is 2 years, set by Ga. Code (medical malpractice provision). The deadline may change based on tolling, the discovery rule, or other exceptions specific to your case.
When does the clock start for a medical malpractice claim in Georgia?
The clock for this claim type typically starts on the date of the incident. Often the date of the negligent treatment, but most states apply a discovery rule and a separate outer "statute of repose" cap. Rules for minors are frequently special.
What happens if I miss the medical malpractice deadline in Georgia?
If you file after the statute of limitations expires, the court will usually dismiss your case as time-barred — regardless of its merits. However, exceptions such as tolling for minors or military service, or the discovery rule, may extend your deadline. An attorney can tell you whether any apply.