Georgia Medical Malpractice Laws

No medical malpractice claim may be filed more than 5 years from the date of the negligent act, regardless of when the injury was discovered.

If a foreign object was left in the body, the discovery rule applies — 1 year from when the object is discovered or should have been discovered.

The 2-year statute of limitations is tolled until the minor turns 18, but the 5-year statute of repose still applies. For children under age 5, the statute is extended to age 10 for certain injuries.

The Georgia Supreme Court struck down the $350,000 non-economic damages cap (O.C.G.A. § 51-13-1) as violating the constitutional right to trial by jury. No cap has been re-enacted.

General $250,000 punitive damages cap applies, with exceptions for intentional harm or substance impairment.

The complaint must be accompanied by an affidavit from a competent medical expert setting forth at least one specific negligent act or omission and its factual basis. If the statute of limitations will expire within 10 days of filing and the attorney was retained fewer than 90 days before expiration, the plaintiff has 45 days after filing to supplement.

Filing fees vary by county. No pre-suit notice is required (unlike some states).

Medical malpractice complaints must be accompanied by an expert affidavit. Failure to file results in dismissal.