What is medical malpractice under Georgia law?

Medical malpractice in Georgia is an injury caused by a health care provider’s failure to use the skill and care the law requires. O.C.G.A. § 51-1-27 calls for “a reasonable degree of care and skill.” Section 9-3-70 defines the claim as one for damages arising from “health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care.”

Three things must be shown: a doctor-patient or similar relationship, a failure to meet the standard, and an injury caused by that failure. Expert testimony is ordinarily needed for the second and third, and Zwiren v. Thompson (2003) sets the “reasonable degree of medical probability” standard for causation.

Georgia adds special procedures:

Rule Effect Source
Expert affidavit Filed with the complaint § 9-11-9.1
Deadline Two years from injury, five-year outer limit § 9-3-71
Retained object One year from discovery § 9-3-72
Children Own calculation § 9-3-73
Emergency department care Gross negligence by clear and convincing evidence § 51-1-29.5
Consent Disclosure of listed risks for specified procedures § 31-9-6.1

There’s no cap on pain and suffering after Nestlehutt (2010), and Clark v. Leigh (2026) held the cap can’t apply to a verdict that includes pain and suffering damages, without reaching wrongful death damages standing alone. Comparative fault under § 51-12-33 applies, including to a patient who didn’t follow instructions.

A complaint to the Georgia Composite Medical Board is separate. It can lead to discipline but doesn’t pay compensation and doesn’t stop the filing deadline.

General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.

Leave a Reply

Your email address will not be published. Required fields are marked *