Georgia (GA) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Georgia.
Damage Cap
No cap (caps struck down as unconstitutional in 2010 by the Georgia Supreme Court)
Statute of Limitations
2 years from the date of the negligent act
Discovery Rule
Georgia applies a limited discovery rule — the statute may be tolled in cases of foreign objects left in the body, but there is a 5-year statute of repose from the date of the negligent act.
Pre-Filing Requirements
Plaintiffs must file an expert affidavit with the complaint identifying at least one negligent act and the factual basis for each claim.
Average Settlement
$225,000 - $500,000
Average Verdict
$375,000 - $1,400,000
Key Facts About Georgia Medical Malpractice Law
- 1Georgia's $350,000 non-economic damage cap was struck down in Atlanta Oculoplastic Surgery P.C. v. Nestlehutt (2010).
- 2An expert affidavit must accompany the complaint — failure to file it can result in dismissal.
- 3Georgia follows a modified comparative negligence standard with a 50% bar.
- 4Punitive damages are generally capped at $250,000 unless the defendant acted with intent to harm or was under the influence of drugs or alcohol.
Need Help with a Georgia Medical Malpractice Case?
If you believe you have a medical malpractice claim in Georgia, it is important to act quickly. The statute of limitations in Georgia is 2 years from the date of the negligent act. Most medical malpractice attorneys offer free initial consultations.