Does Georgia’s two-year statute of limitations apply to medical malpractice wrongful death cases?
Medical malpractice wrongful death cases are governed by both
O.C.G.A. § 9-3-71 (the medical malpractice statute of limitations) and
O.C.G.A. § 51-4-2 (wrongful death). Georgia courts have held that the two-year statute runs from the date of death. There is also a five-year statute of repose under
O.C.G.A. § 9-3-71(b) that can bar claims even if the two-year window has not expired. Medical malpractice cases also require a mandatory expert affidavit under
O.C.G.A. § 9-11-9.1 to be filed with or shortly after the complaint. Call HBLG now.
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