How Long Do You Have to Sue a Hospital for Negligence?

• March 29, 2025
• The Stoddard Firm
• Negligence

Hospital errors can have devastating consequences. If you or someone you care about has been injured due to hospital negligence, you’re likely asking, “How long do you have to sue a hospital for negligence?” It’s crucial to recognize that Georgia law imposes strict time limits on these cases. Delaying action could mean forfeiting your ability to pursue legal recourse and receive rightful compensation. At The Stoddard Firm, we’re dedicated to assisting those harmed by hospital negligence, pursuing accountability and justice.

What is Hospital Negligence?

Hospitals are meant to be places of healing, but when mistakes happen, the consequences can be devastating. Hospital negligence occurs when a hospital or its staff fails to provide proper care, leading to harm. Whether it’s a misdiagnosis, a medication error, or an avoidable surgical mistake, these errors can change lives in an instant.

Common Examples of Hospital Negligence

Hospital negligence can take many forms. Some of the most common include:

• Medication Errors: Giving the wrong medication or incorrect dosage.
• Surgical Mistakes: Performing the wrong procedure or leaving surgical instruments inside a patient.
• Failure to Diagnose or Delayed Diagnosis: Missing a serious condition or diagnosing it too late.
• Inadequate Patient Monitoring: Failing to check vitals or recognize complications.
• Unhygienic Conditions: Poor sanitation leading to dangerous infections.
• Negligent Hiring or Training: Allowing unqualified staff to treat patients or failing to properly train employees.

These mistakes aren’t just “accidents”—they’re failures that can put lives at risk. If this has happened to you or someone you love, you have the right to take legal action.

How Hospital Negligence Can Affect Patients

Negligence in a hospital isn’t just inconvenient—it can be life-altering. Patients may experience:

• A worsened medical condition due to delayed or improper treatment.
• Chronic pain or permanent disabilities.
• Emotional trauma and mental distress.
• Expensive medical bills for additional treatments.
• Lost wages and reduced earning potential.

If you’re dealing with any of these after receiving negligent medical care, you deserve answers—and compensation.

The Statute of Limitations for Hospital Negligence in Georgia

If you’re considering filing a lawsuit, you need to act fast. Georgia law sets firm deadlines for medical malpractice cases, and if you miss them, you lose your right to sue.

How Much Time Do You Have to File a Lawsuit in Georgia?

In most cases, you have two years from the date of the injury to file a medical malpractice lawsuit. But some exceptions could give you more—or less—time.

Key Factors That Affect the Time Limit for Hospital Negligence Claims

The deadline to file your claim can change based on the following:

• The Discovery Rule: If you didn’t know right away that you were harmed, the clock may start when you discover (or should have discovered) the injury.
• Age of the Victim: Minors may have extra time to file a lawsuit.
• Fraud or Concealment: If the hospital tried to cover up its mistake, you might get an extension.

How Georgia Law Handles Medical Malpractice Suits Against Hospitals

Hospitals can and should be held responsible for negligence, but proving your case isn’t easy. You’ll need solid evidence—medical records, expert testimony, and documentation of damages—to show that the hospital’s mistake caused real harm.

Exceptions and Extensions to the Statute of Limitations for Medical Negligence

Some situations allow victims to sue even after the usual two-year limit:

• If the hospital covered up its mistake.
• If a foreign object (like a surgical tool) is left inside your body.
• If the victim was a child at the time of the injury.

Knowing these exceptions can mean the difference between getting justice and losing your chance to pursue compensation.

When Does the Statute of Limitations Begin in Hospital Negligence Cases?

The clock doesn’t always start ticking on the day of the injury. While the general law is that you have two years from the date of harm, some exceptions apply.

The “Discovery Rule” and Hidden Injuries

Some injuries aren’t immediately obvious. If a surgeon leaves an instrument inside a patient, for example, the patient might not realize something is wrong until months—or even years—later. In these cases, the statute of limitations may start from the date the injury is discovered.

What If You Didn’t Know You Were a Victim Right Away?

Even if you find out about the negligence long after it happened, you may still be able to file a lawsuit. However, Georgia has a five-year statute of repose, meaning that no matter what, you cannot file a lawsuit more than five years after the negligent act occurred.

Special Considerations for Children and Patients with Disabilities

For children under five, the statute of limitations is paused until their seventh birthday. Similarly, if the victim is mentally incapacitated, the deadline may be extended until they regain the ability to file a claim.

What Happens if You Miss the Statute of Limitations?

If you miss the deadline, your case will likely be dismissed, and you’ll lose your right to compensation. That’s why it’s crucial to talk to an attorney as soon as possible.

What to Do if You’re Thinking About Suing a Hospital for Negligence

If you believe a hospital’s negligence caused you harm, take these steps right away:

1. Get Medical Attention: Your health comes first—make sure you get the care you need.
2. Gather Evidence: Keep copies of medical records, discharge summaries, and any communications with the hospital.
3. Document Everything: Write down a timeline of events, including symptoms, doctor visits, and conversations.
4. Talk to a Lawyer: An experienced medical malpractice attorney can evaluate your case and help you take the next steps.

Why You Need an Experienced Medical Malpractice Lawyer

Hospital negligence cases are complex, and hospitals have teams of lawyers ready to fight claims. At The Stoddard Firm, we stand up for victims of medical malpractice and work tirelessly to help them get the compensation they deserve.

If you or a loved one has been harmed by hospital negligence, don’t wait. Call us today for a free consultation to discuss your case and explore your legal options.