How Long Do You Have to File for Medical Malpractice In Georgia?

Learning that the doctor or other medical provider you trusted with your care did not treat your illness or injury in the manner prescribed by the medical community, and the result of their medical mistake or negligence caused your harm, is devastating. When you place your health and life in the hands of a doctor, you have the right to expect the standard of care accepted by the medical community. Unfortunately, medical malpractice is far more common than most people realize, with one medical research study suggesting it may be the third leading cause of death in the United States.

Filing a medical malpractice claim isn’t an easy decision, especially when you are facing the painful consequences of the injury or worsened medical condition. However, knowing how long you have to file a medical malpractice claim in Georgia is an important aspect of the decision.

Georgia’s Statute of Limitations for Medical Malpractice Claims

Like all states, Georgia places a time limit on how long after a medical malpractice incident occurs the injury victim may file a claim. In Georgia, the statute of limitations is two years from the date of the injury.

This time limit not only protects defendants from living under the constant, long-term threat of lawsuits, but it also helps ensure that evidence remains available and eyewitness testimony is still reliable if the case goes to court. 

According to a specialized medical malpractice lawyer in Atlanta, most medical malpractice claims are resolved with a settlement from the at-fault doctor’s medical malpractice insurance after an injury victim’s attorney investigates the claim, documents compelling evidence of malpractice, and carefully calculates the injury victim’s past and future damages to seek the maximum compensation available. However, if the insurance company refuses to offer an ample settlement or the defendant denies that malpractice occurred, the claim becomes a lawsuit in court. The injury victim must file a lawsuit petition to the court before the two-year statute of limitations expires in their case, or the court will refuse to hear the case.

Are There Exceptions to the Two-Year Statute of Limitations for Georgia Medical Malpractice Claims?

Most medical malpractice claims end with a settlement within the two-year time limit from the date malpractice occurred; however, the court may extend, or toll, the time limit under some circumstances. For instance, if the injury victim doesn’t discover that their worsened medical outcome occurred because of a doctor’s mistake until sometime later, the statute of limitations begins on the date of the delayed discovery, or when a court decides the injury victim should reasonably have discovered the malpractice.

The state may also toll the time limit for those who suffered medical malpractice as a minor. In this case, the malpractice victim has until two years after their 18th birthday to file a claim.

Finally, if a medical malpractice victim is unconscious or incapacitated for a significant period after the injury, they have up to two years from the date they regain cognitive ability.

The court will not extend the Georgia statute of limitations on medical malpractice cases for more than five years from the date the injury occurred. This final time limit is known as the statute of repose.

How Can a Georgia Medical Malpractice Lawyer Help?

The timing of a medical malpractice claim is a critical aspect of the case. For instance, filing too soon may mean you don’t have the full picture of the extent of the long-term economic and non-economic damages you are facing; however, waiting too long to file a claim gives the malpractice insurance company an incentive to delay to push the case closer to the time limit. This tactic encourages the injury victim to accept an undervalued settlement or give up their claim completely.

To learn more about how Georgia’s statute of limitations impacts your claim, call an award-winning Atlanta personal injury lawyer Piasta Walker Hagenbush, LLC for a free evaluation of your case.