Statute of Limitations
- 2 years with Discovery Rule. (Ga. Code Title 9 (Civil Practice), Chapter 3 (Limitations of Actions), Article 2 (Specific Periods of Limitation), § 9-3-33 – Injuries to the person; injuries to reputation; loss of consortium; exception)
- Medical malpractice – 2 years from date of death or injury, but no more than five years after the date on which the negligent act or wrongful act or omission occurred. In cases involving a foreign object left in a patient’s body, the action must be brought within one year after the negligent or wrongful act or omission is discovered. Minors have 2 years from age five if action arose before fifth birthday. (Ga. Code Title 9 (Civil Practice), Chapter 3 (Limitations of Actions), Article 4 (Limitations for Malpractice Actions), § 9-3-71 – General Limitation)
Damages Cap
- $350,000 cap on non-economic damages awarded against all health care providers and a separate $350,000 cap on non-economic damages awarded against a single medical facility that can increase to $700,000 if more than one facility is involved. No more than $1.05 million can be awarded in a medical liability cause of action. (Ga. Code Title 51 (Torts), Chapter 13 (Recovery in Medical Malpractice Actions), §51-13-1 – Definitions; maximum liability; allowance for periodic payments)
- Punitive damages – capped at $250,000 unless there is specific intent to cause harm. (Ga. Code Title 51 (Torts), Chapter 12 (Damages), Article 1 (General Provisions), §51-12-5.1 – Punitive damages)
Statute of Limitations
- 2 years from date of death. (Ga. Code Title 9 (Civil Practice), Chapter 3 (Limitations of Actions), Article 2 (Specific Periods of Limitation), § 9-3-33 – Injuries to the person; injuries to reputation; loss of consortium; exception)
Damages Cap
- $350,000 cap on non-economic damages awarded against all health care providers and a separate $350,000 cap on non-economic damages awarded against a single medical facility that can increase to $700,000 if more than one facility is involved. No more than $1.05 million can be awarded in a medical liability cause of action. (Ga. Code Title 51 (Torts), Chapter 13 (Recovery in Medical Malpractice Actions), §51-13-1 – Definitions; maximum liability; allowance for periodic payments)
- Punitive damages – capped at $250,000 unless there is specific intent to cause harm. (Ga. Code Title 51 (Torts), Chapter 12 (Damages), Article 1 (General Provisions), §51-12-5.1 – Punitive damages)
- Disabled Adults and Elder Persons Protection Act – (Ga. Code Ann. §§30-5-1-10)
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more information »About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…
