Exceptions to Georgia’s Statute of Limitations for Medical Malpractice

In Georgia, after suffering harm due to a medical professional’s negligence, the victim may file a medical malpractice claim and seek justice and compensation. Unfortunately, medical malpractice is quite common in Georgia. Common types of medical malpractice include surgical, diagnosis, anesthesia, and medication errors. However, medical malpractice claims in Georgia are subject to a specific deadline, called the statute of limitations, which dictates how long a victim has to file a lawsuit. To recover compensation, victims must file their lawsuit before the expiration of the statute of limitations. However, there are some exceptions to Georgia’s statute of limitations for medical malpractice.

What Are Statutes of Limitations, and Why Do They Exist?

Statutes of limitations are laws that limit an individual’s time to file a lawsuit. These laws vary depending on the type of case and state. After the statute of limitations expires, a party generally loses the right to file the claim and seek compensation. Statutes of limitations exist for various reasons, but the main reason is to ensure fairness. Statutes of limitations ensure that claims are filed while evidence is still fresh and witnesses’ memories are reliable. Over time, evidence can get lost, altered, or deteriorate, and witnesses’ memories may fade, making it challenging to resolve claims fairly.

General Statute of Limitations for Medical Malpractice Cases in Georgia

Pursuant to O.C.G.A. § 9-3-71, the time limit for filing a medical malpractice claim in Georgia is two years. This usually means an injured party must file their claim not later than two years after the injury or resulting death occurred. In addition to the statute of limitations, there is a five-year statute of repose, which states that claims can’t be filed more than five years after the malpractice date.

Exceptions to the Statute of Limitations for Medical Malpractice

There are some exceptions to Georgia’s statute of limitations for medical malpractice cases, which can toll or extend the filing deadline. They include the following;

1. Foreign Body Exception

When a foreign object used in surgery is left inside a patient’s body, the statute of limitations starts running on the date the foreign object is discovered, not on the surgery date. Under Georgia law, a claim must be filed within one year after the foreign object is discovered.

2. Injuries to Minors

According to Georgia law, O.C.G.A. § 9-3-73, for children below the age of five, the statute of limitations begins running on the child’s fifth birthday. The family of a minor who suffers harm before age five has two years from the date of their fifth birthday to bring a medical malpractice claim.

3. Fraud

If a medical professional knowingly hides their negligent act or the resulting harm, the statute of limitations “clock” may not begin until the patient learns or should have learned of the deception or fraud. While these exceptions provide vital protections, they aren’t guaranteed to apply in all cases. It is up to claimants to prove that an exception applies. Seeking professional guidance is essential.

Contact an Atlanta Medical Malpractice Law Attorney

Our skilled Atlanta medical malpractice attorney at Carroll Law Firm can help explain the deadlines that apply to your case and ensure you don’t lose your opportunity to get the compensation you deserve. Contact us today to schedule a consultation.