Georgia · Medical Malpractice
Georgia medical malpractice damage caps and statute of limitations
Refreshed 2026. Cap ruled unconstitutional damage cap. 2 years from injury or death. Full breakdown below.
Damage caps
No statuteNon-economic damages cap
None
Total damages cap
None
Status
unconstitutional
Notes
Cap of $350,000 ruled unconstitutional in Atlanta Oculoplastic Surgery v. Nestlehutt (2010). Court held cap infringed on jury trial rights.
Statute of limitations
GA Code Ann. § 9-3-71Standard SOL
2 years from injury or death
Discovery rule
Yes; runs from when injury was or should have been discovered
Statute of repose
5 years from act or omission
Minor exception
Tolled during minority; SOL begins at age 18 but subject to 5-year repose. For children under 5: repose extended to child's 7th birthday.
Wrongful death SOL
2 years from date of death
Notes
Foreign object exception extends repose to 1 year after discovery.
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Georgia med-mal FAQ
What is the medical malpractice statute of limitations in Georgia?+
2 years from injury or death. Yes; runs from when injury was or should have been discovered Statute of repose: 5 years from act or omission. Wrongful death: 2 years from date of death. Foreign object exception extends repose to 1 year after discovery. Source: GA Code Ann. § 9-3-71.
Does Georgia have a medical malpractice damage cap?+
No active cap. Cap of $350,000 ruled unconstitutional in Atlanta Oculoplastic Surgery v. Nestlehutt (2010). Court held cap infringed on jury trial rights.
How does Georgia handle the discovery rule in med-mal cases?+
Yes; runs from when injury was or should have been discovered
What is the Georgia minor exception for medical malpractice?+
Tolled during minority; SOL begins at age 18 but subject to 5-year repose. For children under 5: repose extended to child's 7th birthday.
What is the wrongful death statute of limitations for Georgia medical malpractice?+
2 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Georgia damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Georgia attorney before relying on a deadline. Data refreshed May 2026.