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§ 9-3-34.Article not applicable to malpractice

Chapter 3. Limitations of Actions · Article 2. Specific Periods of Limitation · Last amended 1976 · Last verified July 17, 2026

In one sentenceThis article's limitations periods, including the general two-year personal injury rule, do not govern medical malpractice actions, which are instead defined and governed by the separate malpractice article beginning at O.C.G.A. § 9-3-70.

Full Text of § 9-3-34

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This article shall not apply to actions for medical malpractice as defined in Code Section 9-3-70.

Plain-English Summary

O.C.G.A. § 9-3-34 is a short but consequential dividing line. It tells courts and litigants that whatever limitations rule they might otherwise reach for in this article — the two-year personal injury period, the rules on accrual and disability — does not apply once a claim qualifies as medical malpractice.

That carve-out exists because medical malpractice runs on its own dedicated framework, found in Article 4 of this chapter, starting with the definition in O.C.G.A. § 9-3-70 and continuing through the general limitation period, the foreign-object exception, and the special rules for minors and legally incompetent plaintiffs. Whether a claim counts as medical malpractice in the first place turns entirely on that definition, not on how the plaintiff labels the lawsuit.

For anyone evaluating a potential claim against a healthcare provider or facility, this section is the signal to stop looking at the general personal-injury rules and turn instead to the malpractice-specific article, which sets different deadlines, different accrual rules, and different treatment of disability than the rules that apply to ordinary injury claims.

Frequently Asked Questions

Does the two-year personal injury period in O.C.G.A. § 9-3-33 apply to a medical malpractice claim?

No. This section states that this article does not apply to actions for medical malpractice as defined in O.C.G.A. § 9-3-70.

Where do I find the limitations period that applies to medical malpractice claims?

In Article 4 of this chapter, beginning with the definition in O.C.G.A. § 9-3-70 and continuing through the general limitation period in O.C.G.A. § 9-3-71 and related sections.

How do I know whether my claim counts as medical malpractice for this purpose?

By checking it against the definition in O.C.G.A. § 9-3-70, which covers claims for death or injury arising from health, medical, dental, or surgical services or care.

When was this carve-out added to Georgia law?

In 1976, when the General Assembly enacted the medical malpractice article and added this section to exclude malpractice claims from the general limitations article.

Does this section set any limitations period of its own?

No. It only excludes medical malpractice from this article; the actual periods for malpractice claims are set out separately in Article 4.

Amendment History

Code 1933, § 3-718, enacted by Ga. L. 1976, p. 1363, § 2.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
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