What is the statute of limitations for medical malpractice claims in Georgia?

The statute of limitations for medical malpractice claims in Georgia is two years from the date of the injury or the date of death resulting from the injury. This timeframe is established to ensure that claims are made in a timely manner, allowing for the preservation of evidence and the reliability of witness testimony.

In medical malpractice cases, the two-year period begins when the injured party knows or should have known of the injury and its cause, commonly referred to as the "discovery rule." This means that in some instances, the actual time to file a claim could extend beyond when the injury occurred, depending on when the injured party became aware of the negligence.

Understanding the statute is crucial for practitioners, as failure to file within this period can result in the loss of the right to pursue legal remedies for the alleged malpractice. Knowing the exact time limitations helps parties to act promptly and seek legal counsel when needed. This two-year requirement reflects a balance between the rights of patients to seek justice for wrongful conduct and the need for defendants to have certainty and closure after a reasonable amount of time.