Health & Medical in Georgia
Key Georgia Law
Georgia Code Annotated Section 9-3-71
Georgia requires medical malpractice claims to be filed within two years of the date the injury occurred, or within two years of when the injury was discovered, under O.C.G.A. § 9-3-71, with a five-year absolute repose period.
View official statuteProcedural Details in Georgia
Georgia Agencies & Resources
Georgia Composite Medical Board
Licenses and disciplines physicians in Georgia; handles complaints about professional conduct and standard of care.
Georgia Department of Community Health
Oversees hospital licensing and patient safety programs in Georgia.
Georgia Office of Insurance and Safety Fire Commissioner
Regulates health insurance and handles consumer complaints in Georgia.
Frequently Asked Questions
What is the statute of limitations for medical malpractice in Georgia?
Georgia Code § 9-3-71 provides a two-year statute of limitations from the date of the injury, with a five-year absolute repose period. A same-specialty expert affidavit must accompany the complaint at filing under § 9-11-9.1. For minors under age 5, special tolling rules may extend the period under § 9-3-73.
Does Georgia cap non-economic damages in malpractice cases?
Georgia's legislature enacted caps on non-economic malpractice damages ($350,000 per physician, $700,000 aggregate), but the Georgia Supreme Court struck them down as unconstitutional in 2010. Currently, Georgia juries may award non-economic damages (pain, suffering, emotional distress) without a statutory ceiling.
What is the expert affidavit requirement in Georgia malpractice cases?
O.C.G.A. § 9-11-9.1 requires a medical malpractice complaint to be accompanied by an affidavit from a competent expert who is licensed in the same specialty as the defendant and who can attest to the standard-of-care deviation. Without this affidavit, the case is subject to dismissal within 30 days of filing.
How do I file a complaint against a doctor with the Georgia Medical Board?
Complaints against physicians may be submitted to the Georgia Composite Medical Board online at gcmb.georgia.gov. The Board investigates, imposes conditions, suspends, or revokes medical licenses. Board actions are independent of civil litigation and do not award damages.
Related Health & Medical Scenarios
Can I sue over incorrect or excessive medical bills?
Legal options when you receive incorrect, inflated, or surprise medical bills that violate billing regulations or the No Surprises Act.
Can I sue for wrongful death caused by medical negligence?
Legal options when a family member dies due to medical negligence, surgical errors, or hospital failures.
Can I sue for a medication or prescription error?
Legal options when pharmacy errors, wrong dosages, dangerous drug interactions, or failure to warn causes patient harm.
Can I sue for delayed cancer diagnosis?
Legal options when a physician's failure to timely diagnose cancer results in disease progression and reduced treatment options.
Have a Specific Situation in Georgia?
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