When a person suffers harm in a nursing home, the legal clock to file a lawsuit in Georgia begins to run. Families may assume they have plenty of time to act. But harm from neglect, such as pressure ulcers that worsen slowly, dehydration that mimics aging, or medication errors with delayed effects, often isn’t immediately obvious. In these delayed-diagnosis cases, proving when a family reasonably should have known about both the injury and its negligent cause can determine whether a case can even be filed.
Georgia’s Time Limits and the Basics of the Discovery Rule
Georgia generally gives plaintiffs two years from the date of injury to file a personal injury or medical malpractice claim. For many injuries, that period starts on the date the harm occurred, even if the injured person or family did not immediately recognize the injury or its cause.
Some states have a clear “discovery rule” that delays the statute of limitations until the injured person reasonably discovers the injury and its link to negligence. Georgia’s approach is more nuanced. The state does allow a “new injury” exception in medical contexts: If an injury arises after a symptom-free period, the limitations clock may begin at the first appearance of new symptoms. This exception often functions like a discovery rule in delayed harm cases, because it focuses on when a recognizable injury first manifested.
Georgia law also sets a five-year statute of repose for malpractice claims. That rule creates a hard cutoff measured from the date of the alleged negligent act itself, not from discovery. Even if harm appears later, claims filed after that window usually fail.
Proving “Reasonable” Discovery in Nursing Home Harm
When harm develops slowly, or staff hide warning signs, timing becomes a fact question. Judges and juries often focus on two points: when a family first had enough facts to suspect an actual injury, and when they had reason to connect that injury to poor care rather than normal decline. They review charts, weight logs, medication records, wound notes, and outside physician findings.
Testimony from treating doctors and experts often fills in the timeline. Small details matter here. A pattern of unexplained weight loss or repeated infections can shift the analysis.
The Williams Litigation Group assists families in evaluating delays and building timelines that support timely claims. Call us at 1-866-214-7036 or visit our contact page to discuss your situation.