Fulton County Superior Court
136 Pryor St SW, Atlanta, GA 30303
Court websiteGeorgia · Medical malpractice claims: harm and next steps
Medical malpractice claims: harm and next steps in Georgia
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| Filing deadline | 2 years from act; 5-year repose; expert affidavit required at filingO.C.G.A. § 9-3-73 |
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Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in Georgia?
O.C.G.A. § 9-3-71: 2-year SOL from the date the injury or death occurred; 5-year repose from the negligent act. Expert affidavit required at time of filing under O.C.G.A. § 9-11-9.1. Minors injured before age 5: until the 7th birthday to file, and no later than the 10th birthday (O.C.G.A. § 9-3-73). A lawyer can confirm yours.
2 years from act; 5-year repose; expert affidavit required at filing
Source: O.C.G.A. § 9-3-73
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.
02 · Where cases are heard
Where would my case be heard?
Georgia has a 2-year statute of limitations for medical malpractice from the date of the negligent act, with a limited discovery rule and a 5-year statute of repose. Georgia's non-economic damage caps were struck down by the Georgia Supreme Court in 2010 as unconstitutional. Georgia requires an expert affidavit supporting the malpractice claim to be filed simultaneously with the complaint.
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.
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.
U.S. District Court — Northern District of Georgia
75 Ted Turner Dr SW, Atlanta, GA 30303
Court websiteMedical facilities in Georgia
Grady Memorial Hospital — Level I Trauma Center
Emory University Hospital
How this works nationally
For the overall process and updates, read the Medical malpractice claims: harm and next steps overview. This page covers the local information available for Georgia.
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- O.C.G.A. § 9-3-73