Medical Malpractice in Georgia

Georgia Medical Malpractice: Overview

Georgia is one of the major plaintiff-favorable states for high-value malpractice claims, particularly following the Georgia Supreme Court's 2010 decision striking down the state's non-economic damage cap.

Georgia Statute of Limitations

OCGA § 9-3-71 sets a 2-year limitations period from the date of the act or omission, with a 5-year statute of repose. For foreign object cases, the period is 1 year from discovery. The period is tolled for minors to age 18, but the 5-year repose still applies.

No Damage Cap in Georgia

The Georgia Supreme Court struck down the state's $350,000 non-economic damage cap in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt (2010) as a violation of the right to jury trial under the Georgia Constitution. No non-economic or total damage cap currently applies.

Expert Affidavit in Georgia

OCGA § 9-11-9.1 requires the plaintiff to file an expert affidavit with the complaint, setting forth at least one negligent act or omission and the factual basis for each claim. The expert must be competent to testify under OCGA § 24-7-702.

For claims against government healthcare providers, an ante litem notice is required under the Georgia Tort Claims Act (OCGA § 50-21-26), with a 12-month notice period.

Expert Requirements in Georgia

Georgia adopted the Daubert standard for expert admissibility in 2013. The standard-of-care expert must meet the qualifications in OCGA § 24-7-702, generally requiring active practice or teaching in the same specialty.

Georgia Court System for Malpractice

Georgia malpractice cases are filed in the State Court or Superior Court of the county where the malpractice occurred or where a defendant resides. Appeals go to the Georgia Court of Appeals and the Supreme Court of Georgia.

Common Defendants in Georgia Malpractice

Major defendants include Emory Healthcare, Piedmont Healthcare, Wellstar Health System, and Grady Health System (the public system). Claims against Grady and other government-affiliated facilities require strict ante litem compliance.

Notable Georgia Malpractice Law

Nestlehutt (2010) is one of the most significant state constitutional decisions striking down malpractice damage caps — its reasoning has been cited in similar challenges in other states.

Finding a Medical Malpractice Attorney in Georgia

The State Bar of Georgia and the Georgia Trial Lawyers Association (GTLA) member directory are useful resources for identifying experienced malpractice counsel.