Georgia Birth Injury Lawyers

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Georgia Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

Ga. Code §9-3-70 et seq. Two years from injury or death; in no event longer than five years from act or death. Foreign object: One year from discovery. Minors: Two years from 5th birthday if action arose before child attained age of 5.

Georgia Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

No limitations. Limits on noneconomic damages (§51-13-1) declared unconstitutional by state Supreme Court (see Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt et al., (Ga. March 22, 2010).

Limits on Attorney Fees

No limitations.

Periodic Payments

Statute (§51-13-1) declared unconstitutional by state Supreme Court (see Atlanta Oculoplastic Surgery P.C. v. Nestlehutt, 691 S.E.2d 218 (Ga. 2010)).

Patient Compensation or Injury Fund

None provided.

Medical or Peer Review Panels

§31-7-130 et seq. Peer review groups

§31-7-140 et seq. Medical review committees