Georgia Medical Malpractice Laws

Georgia medical malpractice claims must be filed within 2 years of the date of injury, with a 5-year statute of repose. A key requirement is the expert affidavit — plaintiffs must file a sworn affidavit from a qualified medical expert simultaneously with the complaint. Georgia's modified comparative fault rule (50% bar) applies. The Georgia Supreme Court struck down statutory caps on non-economic damages in medical malpractice in 2010, so there is currently no cap on pain and suffering awards.

Last verified: 2026-02-25

Statute of Limitations

2 years from date of injuryO.C.G.A. § 9-3-71(a)

Medical malpractice claims must be filed within 2 years of the date of injury.

Exceptions

Statute of Repose (5-Year Outer Limit) — 5 yearsO.C.G.A. § 9-3-71(b)

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.

Foreign Objects — 1 year from discoveryO.C.G.A. § 9-3-72

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.

Minors — Tolled until age 18 (with repose limit)O.C.G.A. § 9-3-73

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.

Fault & Liability Rules

Modified Comparative Fault (50% Bar)O.C.G.A. § 51-12-33

The same modified comparative fault rules apply as in general personal injury. If the patient is 50% or more at fault, they recover nothing.

Damage Caps

Non-Economic Damages: No cap (struck down 2010)Atlanta Oculoplastic Surgery v. Nestlehutt, 286 Ga. 731 (2010)

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.

Punitive Damages: $250,000 (general cap)O.C.G.A. § 51-12-5.1

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

Filing Requirements

Expert AffidavitO.C.G.A. § 9-11-9.1

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 Fee~$200–$230

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

Key Georgia Statutes

Expert Affidavit RequirementO.C.G.A. § 9-11-9.1

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

Official Sources

Georgia General Assembly — Official Code Georgia Composite Medical Board

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Georgia.

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