The Moses Firm: Medical Malpractice Lawyers | August 12, 2025 | Medical Malpractice
When medical care goes wrong, the last thing on a patient’s mind is legal deadlines. However, Georgia’s statute of limitations for medical malpractice claims creates strict time limits that can determine whether you can pursue justice for medical negligence. Understanding these deadlines isn’t just important—it’s critical to protecting your legal rights.
At The Moses Firm: Medical Malpractice Lawyers, we’ve seen too many cases where patients discovered they had valid malpractice claims, only to learn they had missed their legal window to file. This comprehensive guide will help you understand Georgia’s complex statute of limitations laws, the exceptions that might apply to your case, and the crucial steps you need to take to preserve your rights.
Georgia’s Basic Statute of Limitations for Medical Malpractice
Under Georgia law (O.C.G.A. § 9-3-71), patients generally have two years from the date they knew or should have reasonably known about their injury to file a medical malpractice lawsuit. However, this seemingly straightforward rule becomes complicated when applied to real-world medical situations.
The “discovery rule” means the clock doesn’t necessarily start ticking on the date of the medical error. Instead, it begins when a reasonable person would have discovered:
That an injury occurred
That the injury was potentially caused by medical negligence
The identity of the healthcare provider responsible
The Five-Year Statute of Repose: An Absolute Deadline
Georgia also imposes a five-year statute of repose (O.C.G.A. § 9-3-71(b)), which creates an absolute deadline regardless of when the injury was discovered. With limited exceptions, no medical malpractice claim can be filed more than five years after the date of the negligent act or omission.
This dual timeline system means patients face two potential deadlines:
Two years from discovery of the injury and its cause
Five years from the date of the negligent medical care
Whichever deadline comes first controls when your legal rights expire.
Critical Exceptions to the General Rules
The Continuing Treatment Exception
If you continue receiving treatment from the same healthcare provider for the same condition that was negligently treated, the statute of limitations may be extended. The clock doesn’t start running until:
- The treatment relationship ends, or
- You should have reasonably discovered the malpractice despite ongoing treatment
This exception recognizes that patients often trust their doctors and may not question ongoing care, even when that care is actually making their condition worse.
Foreign Objects Left in the Body
When surgical instruments, sponges, or other foreign objects are left inside a patient’s body, Georgia law provides a special exception. The statute of limitations doesn’t begin until the foreign object is discovered or reasonably should have been discovered, regardless of when the surgery occurred.
Fraudulent Concealment
If a healthcare provider actively conceals their negligence through fraud or misrepresentation, the statute of limitations may be tolled (paused) until the concealment is discovered. This might include:
Altering medical records
Providing false explanations for complications
Deliberately withholding information about errors
Minors and Incapacitated Individuals
Special rules apply when the malpractice victim is under 18 or legally incapacitated:
- For minors: The statute of limitations doesn’t begin until they turn 18, but the five-year statute of repose still applies
- For incapacitated individuals: The deadline may be extended, but specific legal requirements must be met
Common Scenarios and Timeline Applications
Delayed Diagnosis Cases
Consider a scenario where a radiologist fails to identify cancer on an X-ray in January 2023, but the cancer isn’t discovered until a routine screening in March 2025. The two-year statute of limitations would likely begin in March 2025 when the cancer was discovered, giving the patient until March 2027 to file suit—assuming they could reasonably connect the delayed diagnosis to their injury.
Surgical Complications
If a patient suffers complications immediately after surgery but is told they’re “normal” or “expected,” the statute of limitations might not begin until the patient learns that the complications were actually due to surgical negligence, not an inherent risk of the procedure.
Birth Injury Cases
Birth injury cases often involve complex timeline issues. A child born with cerebral palsy might not show symptoms immediately, and the connection to delivery room negligence might not become apparent for months or years. These cases require careful analysis of when the injury should have been reasonably discovered.
The Importance of Acting Quickly
Even if you believe you’re within the statute of limitations, waiting to consult with an attorney can be costly. Here’s why prompt action is essential:
Investigation Takes Time
Medical malpractice cases require extensive investigation, including:
- Obtaining and reviewing medical records
- Consulting with medical experts
- Gathering witness statements
- Analyzing hospital policies and procedures
Evidence Can Disappear
The longer you wait, the more likely it becomes that crucial evidence will be lost or destroyed:
- Witnesses’ memories fade
- Staff members change jobs or retire
- Hospitals may legally destroy older records
- Video surveillance footage gets overwritten
Expert Witness Availability
Securing qualified medical experts takes time, and the best experts often have busy schedules that require advance planning.
Steps to Protect Your Legal Rights
Document Everything
Keep detailed records of:
- All medical treatments and appointments
- Symptoms and complications
- Communications with healthcare providers
- Financial losses related to your injury
Request Medical Records Immediately
You have the right to copies of your medical records. Request them as soon as you suspect malpractice, as this documentation will be crucial for your case.
Consult with an Experienced Attorney
Don’t try to determine the statute of limitations on your own. Medical malpractice attorneys understand the nuances of these laws and can properly evaluate your case timeline.
Don’t Delay Based on Ongoing Treatment
If you’re still receiving treatment from the same provider, don’t assume this automatically extends your deadline. Consult with an attorney to understand how the continuing treatment exception might apply to your specific situation.
How The Moses Firm: Medical Malpractice Lawyers Handles Statute of Limitations Issues
At The Moses Firm: Medical Malpractice Lawyers, we understand that statute of limitations questions are rarely straightforward. Our approach includes:
Comprehensive Timeline Analysis: We carefully examine the facts of your case to determine all applicable deadlines and exceptions.
Immediate Action: We begin investigating your case immediately to preserve evidence and protect your rights.
Expert Legal Research: We stay current on Georgia court decisions that might affect statute of limitations interpretations.
Client Education: We ensure you understand the deadlines affecting your case and the importance of prompt action.
The Cost of Missing Deadlines
When patients miss the statute of limitations, the consequences are severe and permanent. Even the strongest malpractice case with clear evidence of negligence and devastating injuries cannot proceed if filed too late. Georgia courts have no discretion to extend these deadlines except in very limited circumstances.
We’ve seen cases where patients suffered catastrophic injuries due to clear medical negligence, but their cases were dismissed because they consulted with an attorney just days after the deadline expired. These situations are heartbreaking and entirely preventable.
Contact Our Atlanta Medical Malpractice Attorney Today
Georgia’s medical malpractice statute of limitations is designed to balance patients’ rights to seek justice with healthcare providers’ rights to finality. While these deadlines can seem harsh, they serve important legal purposes and are strictly enforced by Georgia courts.
If you suspect you’ve been the victim of medical malpractice, don’t wait to seek legal advice. The statute of limitations issues in your case may be more complex than they initially appear, and only an experienced medical malpractice attorney can properly evaluate your situation.
At The Moses Firm: Medical Malpractice Lawyers, we offer confidential consultations to help you understand your legal rights and deadlines. We’ve successfully handled complex statute of limitations issues throughout our practice, and we’re committed to protecting your right to seek justice for medical negligence.
Remember: When it comes to medical malpractice statutes of limitations, time is not on your side. The sooner you act, the better we can protect your legal rights and build the strongest possible case for you and your family.
Contact Atlanta Medical Malpractice Attorneys at The Moses Firm: Medical Malpractice Lawyers
For more information, contact The Moses Firm: Medical Malpractice Lawyers to schedule a free consultation with an Atlanta medical malpractice lawyer in Atlanta, GA, today.
We are proud to serve clients throughout Atlanta, Fulton County, and the surrounding communities in Georgia.
The Moses Firm: Medical Malpractice Lawyers
3490 Piedmont Rd NE #1206,
Atlanta, GA 30305
(404) 721-1050
Available 24/7