In most instances, medical malpractice cases are subject to a two-year statute of limitations from the date of injury or death. See O.C.G.A. § 9-3-71(a). While the typical medical malpractice case is subject to a two-year statute of limitations, there are exceptions:

In “foreign object” cases involving leaving objects inside patients during surgery, such as sponges, needles, broken scalpels, etc., may be brought any time within one year of discovery of the object. See O.C.G.A. § 9-3-72.

In cases involving minors, when a child is injured, the child and the child’s parents have separate and independent claims. The parents’ claims include all medical and other necessary expenses related to the injury of the child up to the age of 18, and loss of the child services. For medical malpractice occurring before a child’s fifth birthday, the child’s suit must be filed by the seventh birthday. For acts of medical malpractice occurring after the fifth birthday, the limitation period is two years from the date of malpractice. See O.C.G.A. § 9-3-73(b).

In a case involving a wrongful death claim, the lawsuit must be filed within two years of the date of death. See Hart v. Eldridge , 250 Ga. 526 (1983).

In a case decided in June of this year, the Court of Appeals held that under the proper circumstances, an amended complaint adding a new party in a medical negligence case can relate back to the original filing for purposes of the two-year statute of limitations. See Tenet Healthsystem GB , Inc. v. Thomas, 816, S.E. 2d 627 (2018).

Georgia also has a statute of repose, which provides that even if the patient or family did not know about the malpractice, unless there is fraud, concealment, or misrepresentation, under no circumstances may a healthcare provider be sued for medical malpractice more than five years after the actual incident of malpractice. See O.C.G.A. § 9-3-71(c). The statute of repose prevents the filing of a wrongful death medical malpractice claim if five years have passed between the time of the malpractice and the filing of the claim, irrespective of the date of death. See Braden v. Bell , 222 Ga. App. 144 (1996). However, the courts have allowed the filing of a wrongful death claim outside the five-year period if it is filed as an amendment to an already filed medical negligence lawsuit. See Wesley Chapel Foot and Ankle Center, L.L.C. v Johnson , 286 Ga. App. 881 (2007).