Georgia medical malpractice law
In Georgia, you generally have 2 years to file a medical malpractice claim from the date of the injury. See the damage caps and expert rules for 2026.
Sources checked
Malpractice lawyers in Georgia
We're still putting together the Georgia list. A free case review reaches a lawyer who serves the state in the meantime, and you'll see your likely filing deadline.
Free case reviewBe the first featured firm in Georgia
When the Georgia list goes up, one firm is shown first, above everyone, and labeled Featured.
1.Something went wrong
Write down dates and names while they're fresh.
2.Get your records
Ask for your full chart and test results.
3.Free case review
A lawyer looks at what happened, free.
4.Medical opinion
A doctor checks whether the care fell short.
5.Start the claim in time
Your lawyer starts the claim before the deadline.
6.Settlement or trial
Many claims settle. Some go to a judge or jury.
Your deadline: 2 years from the injury
Georgia rules at a glance
Work out your deadline- Filing deadline
- 2 years from the injury
- Damage caps
- No enforceable cap
- Before you file
- An expert's sign-off on the claim
- Shared fault
- Modified comparative (50% bar)
Full Georgia law guidedeadlines, caps, children, experts and sources
Example: treatment and discovery six months ago
- TreatmentMay 7, 2026
- Likely deadlineMay 7, 2028
- Outer limitMay 7, 2031
- The clock startsOn the day of the injury
- Time to start a claim2 yearsMiss it and the claim is usually lost.
- At the very most5 yearsafter the treatment, with a few exceptions
- Pain and sufferingCapped at $350,000
- All damages togetherNo overall cap
The rules in Georgia
Filing deadline
2 years
Counted from the injury. File within 2 years of the date of the injury or death, and in no case more than 5 years after the negligent act or omission.
Discovery rule
Does not apply
No general discovery rule; the clock runs from the injury. A foreign object left in the body can be sued on within 1 year of discovery (O.C.G.A. § 9-3-72).
Outer limit
5 years
5 years from the negligent act or omission, except foreign-object cases.
O.C.G.A. § 9-3-71(b)
Damage caps
No enforceable cap. The $350,000 cap in O.C.G.A. § 51-13-1 was struck down in Atlanta Oculoplastic Surgery v. Nestlehutt (2010).
No caps are enforced on damages in Georgia medical malpractice cases.
Children
Different clock
A child injured before age 5 has until 2 years after the fifth birthday (so until age 7), and no claim after the tenth birthday. A child aged 5 or older follows the adult rules, with a 5-year outer limit.
Affidavit of merit
Required
The complaint must be filed with an expert affidavit naming at least one negligent act or omission and its factual basis. If the deadline is within 10 days, the affidavit can follow within 45 days.
O.C.G.A. § 9-11-9.1
Notice before suing
Not required
No pre-suit notice requirement.
Shared fault
Modified comparative (50% bar)
Modified comparative fault: barred at 50% or more of the fault
Experts
Expert evidence
The expert must have actual professional knowledge and experience in the area, with active practice or teaching in 3 of the last 5 years, and generally be in the same profession as the defendant (O.C.G.A. § 24-7-702).
Georgia's official code is published through LexisNexis; the minors rule was checked against the full text of O.C.G.A. § 9-3-73 as amended in 2015.
Sources
- O.C.G.A. § 9-3-73, Application of disabilities to medical malpractice, RulesofCivilProcedure.com (statute text)
- Georgia Medical Malpractice Laws and Statutory Rules, AllLaw (Nolo)
- State Enactments of Selected Medical Liability Reforms (as of 8/27/2026), Medical Professional Liability Association
- Contributory Negligence/Comparative Fault Laws in All 50 States (updated 6/10/2026), Matthiesen, Wickert & Lehrer, S.C.
- Medical Liability/Malpractice Merit Affidavits and Expert Witnesses, National Conference of State Legislatures
Other states
- Best Medical Malpractice Lawyers in Alabama (2026)
- Best Medical Malpractice Lawyers in Alaska (2026)
- Best Medical Malpractice Lawyers in Arizona (2026)
- Best Medical Malpractice Lawyers in Arkansas (2026)
- Best Medical Malpractice Lawyers in California (2026)
- Best Medical Malpractice Lawyers in Colorado (2026)
- Best Medical Malpractice Lawyers in Connecticut (2026)
- Best Medical Malpractice Lawyers in Delaware (2026)
Hurt by medical care in Georgia? Let's talk it through.
Most people who reach out aren't sure yet, and that's fine. Share a few lines and a malpractice lawyer near you can look at it with you, at no cost.
- It's free, and talking to a lawyer doesn't commit you to anything.
- Where we know the local rules, you'll see your likely filing deadline right away.
- Your answers are encrypted and never sold or used for ads.
Start with one question
Free and private, never used for ads
Get the top spot in Georgia
The featured spot on this page is open. Whoever takes it is the first lawyer people see when they come here looking for help.
- One featured spot per list, so you're never one of several
- Shown first and labeled Featured, for a year
- Your photo, your bio, a call button and case review requests
From $6,000a year, state or province page
Every plan and market or ask to be considered for the list itself, which is free.