Medical Malpractice Lawsuit in Georgia

Statute of Limitations: Georgia requires medical malpractice claims to be filed within 2 years of the date of injury or death, or within 5 years of the negligent act, whichever is earlier (OCGA § 9-3-71). The 5-year period functions as a statute of repose. A 7-year limit applies for foreign objects. Minors under 5 have until age 7, with the repose still applying. The discovery rule does not generally apply in Georgia — the SoL runs from the date of injury, not discovery.

Non-Economic Damages Cap: Georgia imposed a $350,000 cap on non-economic damages (per defendant, up to $700,000 total) but the Georgia Supreme Court struck it down in Atlanta Oculoplastic Surgery v. Nestlehutt (2010) as a violation of the right to jury trial under the Georgia Constitution. Georgia currently has no cap on non-economic damages in medical malpractice cases.

Pre-Suit Requirements: Georgia requires an expert affidavit (OCGA § 9-11-9.1) to be filed with the complaint. The affidavit must be from at least one competent expert who has knowledge of the relevant standard of care and who attests that at least one negligent act occurred. Failure to attach the affidavit renders the complaint subject to dismissal. A 45-day extension is available if the SoL is about to expire.

Venue: Georgia medical malpractice cases are filed in the Superior Court of the county where the defendant resides, where the tort was committed, or where the defendant's principal office is located. OCGA § 9-10-93 limits venue for physicians to the county of residence or where the act occurred. Fulton County (Atlanta) and Gwinnett County handle the largest dockets.