2022 Georgia Code
Title 9 - Civil Practice
Chapter 3 - Limitations of Actions
Article 4 - Limitations for Malpractice Actions
§ 9-3-71. General Limitation

1. 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.
2. 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.
3. 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.
4. 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.

History. Code 1933, § 3-1102, enacted by Ga. L. 1976, p. 1363, § 1; Ga. L. 1985, p. 556, § 1.

Cross references.

Tolling of limitations for medical malpractice, § 9-3-97.1 .

Editor’s notes.

Ga. L. 1985, p. 556, § 3, not codified by the General Assembly, provides: “No action for medical malpractice which, prior to July 1, 1985, has been barred by the provisions of Title 9, relating to actions, shall be revived by this Act. No action for medical malpractice which would be barred before July 1, 1986, by the provisions of this Act but which would not be so barred by the provisions of Title 9 in force immediately prior to July 1, 1985, shall be barred until July 1, 1986.”

Law reviews.

For comment on Parker v. Vaughan, 124 Ga. App. 300 , 183 S.E.2d 605 (1971), see 8 Ga. St. B.J. 244 (1971), and 23 Mercer L. Rev. 697 (1972).

For comment on statutes of limitations in medical malpractice actions in Georgia, see 33 Mercer L. Rev. 377 (1981).

For survey article on torts, see 34 Mercer L. Rev. 271 (1982).

For annual survey on torts, see 36 Mercer L. Rev. 327 (1984).

For case note, “Lynch v. Waters: Tolling Georgia’s Statute of Limitations for Medical Malpractice,” see 38 Mercer L. Rev. 1493 (1987).

For annual survey article on the law of torts, see 45 Mercer L. Rev. 403 (1993).

For annual survey article discussing trial practice and procedure, see 52 Mercer L. Rev. 447 (2000).

For survey article on trial practice and procedure for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 439 (2003).

For annual survey of evidence law, see 56 Mercer L. Rev. 235 (2004).

For survey article on tort law, see 60 Mercer L. Rev. 375 (2008).

For survey article on trial practice and procedure, see 60 Mercer L. Rev. 397 (2008).

For article, “Misdiagnosis Law in Georgia: Where Are We Now?,” see 16 (No. 5) Ga. St. B.J. 14 (2011).

For annual survey of tort laws, see 67 Mercer L. Rev. 237 (2015).