Medical Malpractice Claims in Georgia: Pre-Suit Requirements & Deadlines

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare professional’s negligent act or omission—such as a misdiagnosis, surgical error, or medication mistake—causes you harm. These cases differ from ordinary personal injury claims because they require specialized proof of the provider’s deviation from accepted medical standards.

Expert Affidavit & Pre-Suit Screening Panel

Before filing suit, Georgia law mandates two key steps to weed out non-viable claims:

1. Expert Affidavit (O.C.G.A. § 9-11-9.1)
   • Within 90 days of sending your notice of intent, you must serve an affidavit from a qualified medical expert attesting that your case has a reasonable basis.
   • The expert must practice in—or have a similar background to—the same field as the defendant.
2. Pre-Suit Screening Panel (O.C.G.A. § 9-9-41)
   • You must also submit your claim to a three-member panel (one neutral physician, one claimant’s expert, one defense expert).
   • The panel reviews the evidence and issues a report within 90 days, which may recommend settlement, dismissal, or proceed to trial.

Skipping or flubbing these requirements can force dismissal of your entire claim.

Statute of Limitations & Notice of Intent

• Notice of Intent: You must provide the healthcare provider written notice at least 30 days (but not more than 12 months) before filing suit.
• Filing Deadline: You generally have two years from the date of injury or from when you should have discovered the harm to initiate a lawsuit.

Failing to comply with notice or affiliating deadlines will likely erase your right to recovery.

Damage Caps in Medical Malpractice Cases

Georgia caps non-economic damages (pain and suffering, mental anguish, etc.) differently based on the year of injury:

• Injuries after July 1, 2005: Maximum of $350,000 total non-economic damages (up to $500,000 for catastrophic injuries).
• Injuries before July 1, 2005: Capped at $250,000. There is no cap on economic damages (medical bills, lost earnings).

Steps to Pursue a Medical Malpractice Claim

1. Gather Detailed Records: Secure your medical files, diagnostic tests, and treatment summaries.
2. Consult a Medical Expert Early: Identify a qualified expert who can review records and prepare the required affidavit.
3. Serve Notice of Intent: Send timely written notice to all potential defendants.
4. Submit to Screening Panel: Assemble your evidence package and expert reports for the pre-suit panel.
5. Draft and File Complaint: Once you have the panel’s report and expert affidavit, file your suit before the statute of limitations expires.

How Gunn Law Group Can Help

• Expert Coordination: We partner with top medical professionals to craft compelling expert affidavits.
• Strict Deadline Management: We track all notice and filing deadlines to protect your rights.
• Panel Preparation: We prepare your pre-suit submission, ensuring it meets every statutory requirement.
• Aggressive Advocacy: From negotiation to trial, we pursue maximal compensation for your injuries.

Don’t let Georgia’s complex medical-malpractice procedures derail your claim. Call Gunn Law Group today at 888-BIG-GUNN (888-244-4866) for a free consultation and ensure every requirement is handled correctly.