How medical malpractice claims work in Georgia

A Georgia malpractice claim moves through a fixed order: dates, records, expert review, any required notice, a complaint with an affidavit, early motions, discovery, and then settlement or trial. The first three stages come before filing, which sets it apart from an ordinary injury claim. This page is a map of the stages, with each stage’s rules linked. It does not predict how long a case takes or what it will be worth.

Stage 1: The dates

Before anything else, the two possible clocks get written down: two years from the injury or death, and five years from the act, under O.C.G.A. § 9-3-71. A child’s case runs on § 9-3-73, and a foreign object on § 9-3-72. The article on limitation and repose explains the calculation.

Stage 2: Records

Records may come from the physician, the hospital, the imaging group, the pharmacy, and later treating providers. Georgia’s § 31-33-2 and the federal rule at 45 C.F.R. § 164.524 set out how a request works. The steps are in the medical records article. A family member needs authority to request a deceased person’s records, which can mean opening an estate.

Stage 3: Expert review

A person with the right qualifications has to read the chart and be willing to swear to a specific negligent act. Qualification is measured at the date of the act under § 24-7-702(c). A second expert may be needed for causation, and a separate one for a different profession. See multiple expert affidavits.

Stage 4: Any notice to a public body

A state, county, or city defendant needs written notice first, in the periods described in pre-suit notice requirements. Georgia has no general pre-suit notice for private providers.

Stage 5: Filing

The complaint and the affidavit go in together under § 9-11-9.1(a), subject to the 45-day exception. Venue follows the ordinary rules, but § 9-10-31(c) lets a nonresident defendant require transfer to that defendant’s county if the tortious act occurred there. Each defendant is served under § 9-11-4.

Stage 6: Early motions

A defendant answers within 30 days of service under § 9-11-12(a), and a motion under that section can change the answer’s timing. The early fights are predictable:

Motion	Issue	Rule
Dismiss for affidavit defect	Specificity or the expert's qualifications	§ 9-11-9.1(e), 30 days to cure
Dismiss for no affidavit	Missing affidavit	§ 9-11-9.1(f), renewal may be lost
Dismiss on time	Limitation or repose	§ 9-3-71
Stay of discovery	While a motion to dismiss is pending	§ 9-11-12(j), revised by SB 68 in 2025

Under § 9-11-12(j), a motion to dismiss stays discovery for up to 90 days or until a ruling, and it ends sooner for a defendant who answers. SB 68 applied to cases pending on April 21, 2025, unless that application would be unconstitutional.

Stage 7: Discovery

Written requests and depositions cover the chart, the policies, and the people. Peer review material is protected by § 31-7-133, while information from original sources stays available under § 31-7-143. Depositions of experts come after disclosure. A court may hold a § 24-7-702(d) hearing on an expert, and the rules on those challenges are in expert disclosures and Daubert.

Stage 8: Summary judgment

A defendant can argue the plaintiff lacks evidence on an element, most directly breach or causation, under § 9-11-56. See summary judgment motions. A plaintiff needs admissible expert opinions, in terms stronger than medical possibility under Zwiren v. Thompson, at that point.

Stage 9: Resolution

A case can settle at any stage. A settlement for a child goes through § 29-3-3, and a death case may need an allocation between the family and the estate. At trial, § 51-12-15, added by SB 68, lets a party demand a bifurcated trial, subject to its limits, and § 9-10-184 controls how noneconomic damages are argued. After a verdict, § 51-13-1 and the motion for new trial may come into play, as damages caps describes.

What this map leaves open

Each stage depends on the facts. A court can resolve some cases at the first motion, and others go through every stage. A reader can use this page to find out which stage has been reached and which article applies next.

Sources

• Official Code of Georgia Annotated, November 2022 public release: §§ 9-3-71, 9-3-72, 9-3-73, 9-10-31, 9-11-4, 9-11-9.1, 9-11-12, 9-11-56, 24-7-702, 29-3-3, 31-7-133, 31-7-143, 31-33-2, 51-13-1
• Senate Bill 68, as passed (2025): Sections 1, 2, 8, 9
• 45 C.F.R. § 164.524
• Zwiren v. Thompson, 276 Ga. 498

This page was last reviewed in November 2026 for general information. Laws and court decisions can change after that date. It is not legal advice and does not create an attorney-client relationship.