Title 9, Chapter 3, Section 73
(a) Except as provided in this Code section, the disabilities and
exceptions prescribed in Article 5 of this chapter in limiting
actions on contracts shall be allowed and held applicable to
actions, whether in tort or contract, for medical malpractice.
(b) Notwithstanding Article 5 of this chapter, all persons who are
legally incompetent because of mental retardation or mental illness
and all minors who have attained the age of five years shall be
subject to the periods of limitation for actions for medical
malpractice provided in this article. A minor who has not attained
the age of five years shall have two years from the date of such
minor's fifth birthday within which to bring a medical malpractice
action if the cause of action arose before such minor attained the
age of five years.
(c) Notwithstanding subsections (a) and (b) of this Code section, in
no event may an action for medical malpractice be brought by or on
(1) A person who is legally incompetent because of mental
retardation or mental illness more than five years after the date
on which the negligent or wrongful act or omission occurred; or
(2) A minor:
(A) After the tenth birthday of the minor if such minor was
under the age of five years on the date on which the negligent
or wrongful act or omission occurred; or
(B) After five years from the date on which the negligent or
wrongful act or omission occurred if such minor was age five or
older on the date of such act or omission.
(d) Subsection (b) of this Code section is intended to create a
statute of limitations and subsection (c) of this Code section is
intended to create a statute of repose.
(e) The limitations of subsections (b) and (c) of this Code section shall not apply where a foreign object has been left in a patient's body. Such cases shall be governed by Code Section 9-3-72.
(f) The findings of the General Assembly under this Code section
include, without limitation, that a reasonable relationship exists
between the provisions, goals, and classifications of this Code
section and the rational, legitimate state objectives of providing
quality health care, assuring the availability of physicians,
preventing the curtailment of medical services, stabilizing
insurance and medical costs, preventing stale medical malpractice
claims, and providing for the public safety, health, and welfare as
(g) No action which, prior to July 1, 1987, has been barred by
provisions relating to limitations of actions shall be revived by
this article, as amended. No action which would be barred before
July 1, 1987, by the provisions of this article, as amended, but
which would not be so barred by the provisions of this article and
Article 5 of this chapter in force immediately prior to July 1,
1987, shall be barred until July 1, 1989.