(a) Except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred.
§ 9-3-71.General limitation
Chapter 3. Limitations of Actions · Article 4. Limitations for Malpractice Actions · Last amended 1985 · Last verified July 17, 2026
In one sentenceA medical malpractice action must generally be brought within two years after the injury or death occurred, and regardless of when the injury is discovered, no such action can ever be brought more than five years after the negligent or wrongful act or omission itself occurred.
Full Text of § 9-3-71
(b) Notwithstanding subsection (a) of this Code section, in no event may an action for medical malpractice be brought more than five years after the date on which the negligent or wrongful act or omission occurred.
(c) Subsection (a) of this Code section is intended to create a two-year statute of limitations. Subsection (b) of this Code section is intended to create a five-year statute of ultimate repose and abrogation.
(d) Nothing contained in subsection (a) or (b) of this Code section shall be construed to repeal Code Section 9-3-73, which shall be deemed to apply either to the applicable statutes of limitation or repose.
Plain-English Summary
Medical malpractice claims run on a two-layer timeline that differs from Georgia's ordinary personal injury rule. O.C.G.A. § 9-3-71 sets the first layer at two years, measured from the date the injury or death occurred as a result of the negligent or wrongful act or omission — not from the date of the underlying act itself, and not from when the patient discovers the problem.
The second layer is a hard outer ceiling that operates independently of the two-year period. No matter when the resulting injury or death occurs or is discovered, no malpractice action can be brought more than five years after the negligent or wrongful act or omission happened. Subsection (c) confirms the structure directly: the two-year rule is a statute of limitations, while the five-year rule is a statute of ultimate repose and abrogation, a fixed ceiling that the two-year period cannot extend past.
Subsection (d) preserves an important qualification: nothing in these two periods repeals O.C.G.A. § 9-3-73, the section governing minors and legally incompetent plaintiffs, which modifies how both the two-year and five-year periods apply to those categories of plaintiffs.
Frequently Asked Questions
How long do I have to bring a medical malpractice claim in Georgia?
Two years after the date the injury or death occurred as a result of the negligent or wrongful act or omission, under subsection (a).
Is there an absolute outer deadline for medical malpractice claims, even if the injury isn't discovered right away?
Yes. Subsection (b) bars any malpractice action brought more than five years after the negligent or wrongful act or omission occurred, regardless of when the resulting injury or death occurred or was discovered.
What's the difference between the two-year period and the five-year period?
Subsection (c) states the two-year period is a statute of limitations while the five-year period is a statute of ultimate repose and abrogation — a fixed ceiling running from the act or omission itself rather than from the resulting injury.
Do the rules for minors or legally incompetent plaintiffs change these deadlines?
Subsection (d) confirms these periods do not repeal O.C.G.A. § 9-3-73, which applies its own modifications to both the statute of limitations and the statute of repose for minors and legally incompetent plaintiffs.
Does the two-year period run from the date of the doctor's negligent act or from the date of the resulting injury?
From the date the injury or death occurred as a result of the act or omission, under subsection (a) — which can be later than the date of the underlying negligent act itself.
Amendment History
Code 1933, § 3-1102, enacted by Ga. L. 1976, p. 1363, § 1; Ga. L. 1985, p. 556, § 1.
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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