Medical malpractice cases in Georgia are distinct from all other personal injury claims. You cannot simply file a lawsuit because a surgery went wrong or a doctor was rude. The law requires you to prove that the medical provider violated the “Standard of Care”—a specific level of skill and caution required of professionals in that field.
Furthermore, Georgia law imposes strict procedural hurdles designed to weed out “frivolous” lawsuits. The most formidable of these is the Expert Affidavit requirement. You cannot even file a lawsuit unless another doctor swears under oath that your doctor was negligent.
This guide examines 30 Georgia appellate court decisions that define the high stakes of medical litigation. These cases establish when a hospital is liable for its contractors, when an emergency room error becomes “gross negligence,” and how the statute of limitations operates.
This content is for educational purposes only and does not constitute legal advice. Medical malpractice claims have strict deadlines and procedural requirements. Consult a licensed Georgia attorney immediately if you believe you have a claim.
1. The Expert Affidavit: The Gatekeeper of Malpractice Law
In Georgia, you cannot file a malpractice suit without permission from another doctor. This is the “Gatekeeper” rule.
Doctors Memorial Holding Co. v. Moore (290 Ga. App. 288, 2008)
A plaintiff filed a malpractice lawsuit but the attached expert affidavit was defective. The expert nurse did not explicitly state that the hospital’s negligence caused the injury.
The Ruling: The Court of Appeals dismissed the case. The affidavit requirement (O.C.G.A. § 9-11-9.1) is strict. The expert must explicitly set forth at least one negligent act or omission and the factual basis for it. A vague affidavit is fatal to the case. You cannot “fix it later” if the statute of limitations has expired.
Porquez v. Washington (268 Ga. 649, 1997)
A plaintiff tried to use a nurse to testify against a doctor regarding the standard of care.
The Ruling: The expert must be qualified to testify about the specific procedure in question. Generally, a nurse cannot provide an affidavit against a doctor regarding medical diagnosis, nor can a general practitioner testify against a specialist unless their practices overlap significantly. The expert must be a “peer” in the field.
Gielow v. Strickland (185 Ga. App. 85, 1987)
A patient sued a doctor but filed the affidavit late.
The Ruling: The affidavit must be filed contemporaneously (at the same time) with the complaint. There is a very limited exception for “last-minute” filings (within 10 days of the statute of limitations expiring), but generally, if the affidavit isn’t there on Day 1, the lawsuit is void.
What These Cases Established
- No Affidavit, No Case. It is a condition precedent to filing.
- Matching Expertise. You need a neurosurgeon to sue a neurosurgeon.
- Causation Link. The expert must say the error caused the harm, not just that an error happened.
- Timing is Everything. File it with the complaint or risk losing your entire case.
Current Georgia Law
- O.C.G.A. § 9-11-9.1: Requires an expert affidavit to accompany any charge of professional malpractice.
- O.C.G.A. § 24-7-702: Sets the standards for who qualifies as an expert witness.
Frequently Asked Questions
Can I write the affidavit myself? No. It must be sworn to by a qualified medical professional (doctor, nurse, etc.) active in the field.
Does this apply to dentists? Yes. It applies to all “professionals” listed in the statute, including dentists, chiropractors, pharmacists, and radiologists.
Can I file the affidavit later if I find an expert after filing? Only in very narrow circumstances (within 10 days of limitations expiring). Otherwise, you must have it ready when you file the complaint.
2. Emergency Room Standard: The “Gross Negligence” Barrier
Since 2005, suing an ER doctor in Georgia requires proving “Gross Negligence,” not just simple mistakes.
Abdel-Samed v. Dailey (294 Ga. 758, 2014)
A patient sued an ER doctor for missing a diagnosis. The defense argued that under Georgia’s 2005 Tort Reform, they were only liable for “Gross Negligence,” not ordinary negligence.
The Ruling: The Georgia Supreme Court upheld the constitutionality of the ER statute. In “bona fide emergency services,” the plaintiff must prove Gross Negligence by clear and convincing evidence. This is a much higher burden than standard malpractice (which requires only “preponderance of the evidence”).
Johnson v. Omondi (294 Ga. 74, 2013)
A teenager died of a pulmonary embolism after being discharged from the ER with a diagnosis of pleurisy. The doctor claimed he exercised some care, so he couldn’t be grossly negligent.
The Ruling: The Supreme Court ruled that whether a doctor’s actions amounted to “gross negligence” is a jury question. Even if the doctor did some tests, if they ignored “red flag” symptoms (like the teen’s history of chest pain and shortness of breath), a jury could find that behavior grossly negligent. This decision prevented ER cases from being automatically dismissed by judges at summary judgment.
Potts v. Hospital Authority of Valdosta (335 Ga. App. 173, 2015)
A patient argued the gross negligence standard should not apply to non-emergency situations in the ER.
The Ruling: The “Gross Negligence” standard applies only when “emergency services” are being provided. If the patient is stable and just waiting in the ER for a routine check or observation, the standard might revert to ordinary negligence. The context of the treatment matters.
What These Cases Established
- Higher Burden. “Gross negligence” is the failure to exercise even slight care, showing a reckless disregard for patient safety.
- Jury Decides. Judges should let juries decide if a mistake was “gross” rather than dismissing these cases pre-trial (Johnson).
- Context Matters. Not everything that happens in an ER building is an “emergency” under the law (Potts).
- Clear and Convincing. The burden of proof is higher than the usual “preponderance of evidence.”
Current Georgia Law
- O.C.G.A. § 51-1-29.5: Liability of healthcare providers in emergency medical care; standard of proof (Gross Negligence).
Frequently Asked Questions
What is the difference between negligence and gross negligence? Negligence is a simple mistake or failure to exercise reasonable care. Gross negligence is reckless disregard for consequences or the absence of even slight care. It’s the difference between forgetting to order a test versus ignoring obvious symptoms of a heart attack.
Does this apply to Urgent Care clinics? It depends on whether they provide “emergency medical care” as defined by the statute. If they advertise as “urgent care” but mostly handle minor injuries and colds, they may not qualify for the gross negligence protection.
Can I still sue if the ER doctor was grossly negligent? Yes. The statute doesn’t eliminate liability; it just raises the standard. If you can prove gross negligence, you can still recover.
3. Foreign Objects: 3 Cases on Things Left Behind
Leaving a sponge or instrument inside a patient has its own set of rules and timelines.
Killingsworth v. Poon (167 Ga. App. 653, 1983)
A patient suffered a punctured lung during an acupuncture procedure. The plaintiff did not have an expert affidavit at the summary judgment stage.
The Ruling: This case established the “Pronounced Results” exception (Georgia’s version of res ipsa loquitur). Expert testimony is not required when the negligence is so “gross” and the result so “pronounced” that a layperson can understand it without medical training. Leaving a foreign object in the body or puncturing an organ that should not have been touched falls into this category. The doctrine shifts the burden to the defendant to explain what happened.
Kaminer v. Canas (282 Ga. 830, 2007)
A patient discovered a surgical sponge in their abdomen years after the operation.
The Ruling: For “foreign object” cases, the statute of limitations is one year from the date of discovery. This is a critical exception to the normal 5-year statute of repose. If you find a sponge 10 years after surgery, you have 1 year from the discovery date to file suit.
Beck v. Dennis (215 Ga. App. 728, 1994)
A dentist left a piece of a drill bit in a patient’s tooth.
The Ruling: A “foreign object” under the statute is something unintentionally left behind (like a surgical clamp or sponge). A fixation device (like a screw or plate) that was intentionally placed but later failed or broke is not a “foreign object” under this specific statute. That type of case follows the standard medical malpractice timeline.
What These Cases Established
- No Expert Needed. Sometimes the error is too obvious to require an expert affidavit (Killingsworth).
- Discovery Rule. You have 1 year from finding the object to sue, even if surgery was decades ago.
- Definition Matters. Broken implants, loose wires, or chemical compounds don’t count as “foreign objects” for purposes of the extended statute of limitations.
Current Georgia Law
- O.C.G.A. § 9-3-72: Special limitation period for foreign object cases (1 year from discovery, no statute of repose applies).
Frequently Asked Questions
Do I need an expert if they left a towel in me? Technically no, under the Killingsworth “pronounced results” exception, but practically, lawyers always get one to be safe and to prove causation (how the towel caused your complications).
What if I find the object 10 years later? You can still sue. The normal 5-year statute of repose does not apply to foreign objects. You have 1 year from the day you discover it.
Is a broken pacemaker lead a “foreign object”? No. Under Beck, it was intentionally placed. If it breaks or malfunctions, that’s a standard malpractice or product liability case with the normal 2-year/5-year timeline.
4. Informed Consent: 3 Cases on “Knowing the Risks”
Did the patient agree to the risks? And what happens if they didn’t?
Ketchup v. Howard (247 Ga. App. 54, 2000)
A patient suffered complications from a procedure and claimed she wouldn’t have consented if she knew the specific risk.
The Ruling: Georgia adopted the “Objective Reasonable Person” standard for informed consent. The question is not whether this specific patient would have refused the surgery, but whether a reasonable person in their position would have refused if they knew the risk. This prevents patients from using hindsight to claim “I never would have done it.”
Albany Urology Clinic, P.C. v. Cleveland (272 Ga. 296, 2000)
A doctor failed to disclose his own history of drug abuse to the patient before performing surgery.
The Ruling: Informed consent laws require disclosure of the procedure’s inherent risks, not the doctor’s personal life or health status. Failure to disclose the doctor’s drug use is not a violation of the informed consent statute (though it might be negligence or fraud in other contexts).
Paden v. Rudd (294 Ga. App. 603, 2008)
A doctor performed a different procedure than the one discussed and authorized by the patient.
The Ruling: If a doctor performs a procedure that was never authorized (e.g., operating on the left ear instead of the right, or removing an organ not discussed), this is Battery (unauthorized touching), not just malpractice. Battery claims do not always require an expert affidavit, and they have different limitation periods.
What These Cases Established
- Reasonable Person Test. Would a normal, reasonable person in the patient’s shoes have still undergone the procedure despite the 1% risk? If yes, no liability.
- Scope of Disclosure. Doctors must inform about procedure risks (infection, bleeding, nerve damage), not personal history.
- Battery Exception. Wrong body part or completely different surgery is a separate intentional tort.
Current Georgia Law
- O.C.G.A. § 31-9-6.1: Sets forth the requirements for informed consent in major surgical and diagnostic procedures.
Frequently Asked Questions
Does signing the consent form waive my rights? No. You waived “known risks” (like infection or bleeding that can happen even with perfect care), not negligence (like the doctor cutting an artery by mistake or performing drunk).
What if the doctor forgot to have me sign a form? Lack of a signed form doesn’t automatically mean you didn’t consent. Georgia law looks at whether you were actually informed, not just whether paperwork was filed. However, the lack of documentation makes the case harder for the defense.
5. Loss of Chance Doctrine: 3 Cases on Survival Odds
What if the patient was likely to die anyway, but the doctor’s error hastened it?
Walker v. Hill (289 Ga. 91, 2011)
A patient died of cancer. The doctor missed the diagnosis at an earlier stage. The question was whether the delay caused the death.
The Ruling: Georgia does not recognize a “Loss of Chance” doctrine if the survival chance was less than 50%. To win a wrongful death or injury case, the plaintiff must prove that, with proper care, the patient would have had a greater than 50% chance of survival. If the patient only had a 40% chance to live even with proper treatment, and the doctor’s error dropped it to 0%, there is no recovery because they were “more likely than not” going to die anyway.
Richmond County Hospital Authority v. Dickerson (182 Ga. App. 285, 1987)
A patient died after a delay in diagnosis and treatment.
The Ruling: Proximate cause requires that the negligence was a substantial contributing factor to the injury or death. Mere speculation (“maybe he would have lived”) is insufficient. Medical expert testimony must state to a “reasonable degree of medical probability” (more than 50%) that proper care would have prevented the harm.
Estate of Patterson v. Fulton-DeKalb Hospital (233 Ga. App. 706, 1998)
A wrongful death case where the expert could not say the patient would have survived with proper treatment.
The Ruling: If the expert cannot testify that the patient would have survived (meaning more likely than not), the case fails on causation. The plaintiff cannot recover for the “loss of a chance” to survive when that chance was less than half.
What These Cases Established
- The 51% Rule. You must prove the patient likely (more than 50%) would have lived or recovered.
- No “Lost Opportunity.” Losing a 30% chance of survival is not compensable in Georgia wrongful death law.
- Burden on Plaintiff. The family or patient bears the burden to prove the patient would have survived, not just that they had a better chance.
Current Georgia Law
- O.C.G.A. § 51-1-2: General rule on proximate cause in tort cases.
Frequently Asked Questions
What if my expert says there was a 45% chance the patient would have lived? Under Walker, you cannot recover in Georgia. The law requires proof that it was “more likely than not” (over 50%) that the patient would have survived.
Is this fair? Many states allow recovery for “loss of chance,” but Georgia does not. The policy argument is that it prevents speculative damages.
6. Vicarious Liability: 3 Cases on “Independent Contractors”
Is the hospital liable for a doctor’s error, or can they hide behind an “independent contractor” agreement?
Cooper v. Olinde (269 Ga. App. 78, 2004)
A patient sued a hospital for a surgeon’s error. The surgeon was labeled an “independent contractor” in his contract with the hospital.
The Ruling: A hospital is generally not liable for the negligence of independent contractors under the doctrine of respondeat superior. However, the “Apparent Agency” exception applies if the hospital “held out” the doctor as its employee or agent and the patient reasonably relied on that representation. If the patient didn’t personally select the doctor (like in ER or anesthesia), the hospital is often liable.
Reddick v. Piedmont Hospital (267 Ga. App. 68, 2004)
A case involving the distinction between employee and independent contractor status for liability purposes.
The Ruling: The key test is control. If the hospital controls the doctor’s schedule, billing, protocols, and day-to-day activities, they may be deemed an employee for liability purposes regardless of what the contract says. Courts look beyond the paper agreement to the actual relationship.
Brown v. Coastal Emergency Services, Inc. (181 Ga. App. 893, 1987)
A patient was treated in an ER by a doctor staffed through a third-party company. The hospital claimed no liability.
The Ruling: If the hospital provides the ER doctor through a contract group and the patient has no choice in selecting that doctor, the hospital can be liable under the doctrine of apparent authority. The patient reasonably believed the ER doctor worked for the hospital.
What These Cases Established
- Contracts Aren’t Final. The hospital can’t just sign away liability with a contractor label.
- Patient Perception. Did the patient think the doctor worked for the hospital? If yes, apparent agency may apply.
- ER Exception. Hospitals are usually liable for ER doctors because patients don’t choose them and have no reason to know they’re contractors.
Current Georgia Law
- No specific statute; governed by common law agency principles.
Frequently Asked Questions
How do I know if my doctor was an employee or contractor? You usually don’t. But under Cooper and Brown, if you couldn’t pick your doctor (ER, anesthesia, radiologist), the hospital is likely liable under apparent authority.
Does this apply to surgeons I chose? If you specifically selected and scheduled the surgeon (like a private orthopedic doctor who just has hospital privileges), the hospital is less likely to be liable. But if the hospital “assigned” the surgeon, apparent agency applies.
7. Misdiagnosis: 3 Cases on Failure to Treat
Missing a diagnosis is one of the most common malpractice claims, but proving it caused the harm is the hardest part.
Knight v. West Paces Ferry Hospital (262 Ga. App. 220, 2003)
A patient developed a severe staph infection after being discharged from the hospital with an IV site that was red and swollen.
The Ruling: A misdiagnosis or failure to diagnose is actionable if it results from a deviation from the standard of care. However, the plaintiff must prove the specific breach (e.g., failure to examine the IV site, failure to culture the infection) caused the sepsis. A bad outcome alone is not proof of negligence. The expert must connect the failure to the harm.
Beasley v. Northside Hospital, Inc. (289 Ga. App. 685, 2008)
A patient fell off an operating table during surgery and later suffered nerve damage.
The Ruling: The expert must link the specific negligence (the fall) to the claimed injury (nerve damage). If the expert says the nerve injury “could have” happened anyway during the surgery due to positioning, causation fails. “Possibility” is not enough; “probability” (more than 50%) is required under Georgia law.
Grantham v. Amin (221 Ga. App. 458, 1996)
A patient died shortly after being prescribed a drug (bromocriptine) to stop breast milk production. The family claimed the drug caused the death.
The Ruling: To prove negligent prescription or misdiagnosis caused death, the plaintiff must show the death proximately resulted from the doctor’s act. Without an autopsy or definitive proof linking the drug to the specific cause of death, the case was dismissed. Speculation is insufficient.
What These Cases Established
- Causation is King. Proving the doctor made a mistake is only half the battle; proving it caused the injury is often the fatal flaw in cases.
- Probability over Possibility. Experts must be confident (>50%) that the negligence caused the harm.
- Standard of Care. Not every wrong diagnosis is negligence; medicine is inexact. Some are judgment calls within the standard of care.
Current Georgia Law
- O.C.G.A. § 51-1-27: Recovery for malpractice requires showing a lack of reasonable degree of care and skill that caused injury.
Frequently Asked Questions
Is a wrong diagnosis always malpractice? No. Medicine is an inexact science. If the doctor followed proper diagnostic procedures (took history, ordered appropriate tests, consulted references) but still reached the wrong conclusion, it may not be malpractice—just an unfortunate outcome.
Do I need an autopsy in death cases? In death cases involving misdiagnosis or medication errors (like Grantham), an autopsy is often critical to prove causation. Without it, the defense will argue “we don’t know what killed them.”
8. Surgical Errors: 3 Cases on Known Complications
Is cutting an artery during surgery negligence or just a “known risk”?
Andrews v. Smith (248 Ga. App. 390, 2001)
A surgeon accidentally nicked the patient’s bowel during an abdominal surgery, leading to infection.
The Ruling: A bad outcome is not proof of negligence. Many surgical errors (like bowel perforations or vessel injuries) are “known complications” that can occur even when the surgeon uses proper technique. The plaintiff must prove the surgeon deviated from the standard technique (e.g., cutting blindly without identifying structures, using excessive force), not just that an injury occurred.
Gowen v. Carpenter (189 Ga. App. 477, 1988)
A patient sued over complications from a sterilization procedure.
The Ruling: The “Presumption of Skill” rests with the physician. The law presumes the doctor performed the surgery correctly and competently. The plaintiff bears the heavy burden of overturning this presumption with expert testimony showing a specific deviation from accepted surgical practice.
Bowling v. Foster (254 Ga. App. 374, 2002)
A surgeon operated on the wrong level of the patient’s spine (L4-L5 instead of L5-S1).
The Ruling: Operating on the wrong body part or wrong surgical site is one of the few areas where negligence is obvious and may not require complex expert testimony. This may fall under the Killingsworth “pronounced results” exception, making the case much stronger for the plaintiff because the error speaks for itself.
What These Cases Established
- Presumption of Skill. You start behind; the doctor is presumed competent until proven otherwise.
- Known Complications. You can’t sue for a risk that was disclosed on the consent form unless the doctor’s technique caused it negligently.
- Wrong Site Surgery. Operating on the wrong body part is almost always indefensible negligence, similar to leaving a foreign object.
Current Georgia Law
- O.C.G.A. § 51-1-27: Malpractice requires proof of a want of reasonable care and skill.
Frequently Asked Questions
What if I signed a waiver acknowledging the risk of organ damage? You waived “known risks” that can happen even with perfect technique (like unavoidable bleeding), not negligence (like cutting blindly or failing to identify anatomy). The consent form doesn’t give the doctor permission to be careless.
Is nicking an organ during surgery always malpractice? Not always. If the anatomy was complex, scarred from prior surgeries, or the patient had unusual positioning of organs, it might be an unavoidable known complication. The expert must show the surgeon deviated from proper technique.
9. Statute of Limitations & Repose: 3 Cases on Time Limits
Georgia has two separate deadlines: the Statute of Limitations (when you must sue after discovering injury) and the Statute of Repose (an absolute cutoff).
Crowder v. Department of State Hospitals (228 Ga. App. 627, 1997)
A plaintiff filed suit 6 years after the surgery that caused the injury.
The Ruling: Georgia has a 5-Year Statute of Repose (O.C.G.A. § 9-3-71). Even if the patient didn’t know about the malpractice until year 6, the right to sue is completely extinguished 5 years after the negligent act. This is an absolute bar, unlike the 2-year statute of limitations which can be tolled or delayed under certain circumstances.
Simmons v. Sonyika (279 Ga. 378, 2005)
A doctor misdiagnosed cancer in 2000. The patient died in 2004. The family sued in 2005.
The Ruling: The Statute of Repose begins to run from the date of the negligent act (e.g., the day the doctor misread the test in 2000), not the date of death (2004). A family might lose their right to sue before their loved one even dies if 5 years have passed since the error occurred. Here, the suit was filed within 5 years of the act, so it was timely.
Amu v. Barnes (283 Ga. 549, 2008)
A patient claimed the doctor’s “continuing treatment” of a condition should restart the statute of repose each visit.
The Ruling: The Statute of Repose is unyielding. It applies even if the doctor’s negligence was part of “continuing treatment.” Once 5 years pass from the specific negligent act (the initial misdiagnosis, the botched surgery, etc.), the claim is dead. Subsequent treatment visits do not restart the repose clock.
What These Cases Established
- The 5-Year Wall. You cannot sue more than 5 years after the doctor’s mistake, no matter when you discovered it.
- Act vs. Injury. Repose runs from the negligent act; Limitations (2 years) runs from the injury or discovery.
- Absolute Bar. There are very few exceptions to repose (fraud that prevented discovery, foreign objects).
Current Georgia Law
- O.C.G.A. § 9-3-71: 2-year statute of limitations from injury/discovery; 5-year statute of repose from the negligent act (absolute bar).
Frequently Asked Questions
Can I sue if I found out about the mistake 6 years later? Generally, no. The Statute of Repose bars the claim. The only major exception is “foreign objects” left in the body (see Section 3), which have a 1-year-from-discovery rule with no repose.
Does the clock start when I get hurt or when the doctor made the mistake? Both. The 2-year statute of limitations starts when you get hurt (or discover the injury). The 5-year statute of repose starts when the doctor made the mistake. Whichever comes first controls.
What if the doctor lied and covered it up? Under Amu, fraud or concealment can toll the limitations period, but it’s very hard to defeat the repose period. You’d need to prove the fraud actively prevented you from discovering the malpractice within 5 years.
10. Nursing Negligence: 3 Cases on Fall vs. Med Mal
Is a patient falling out of bed “medical malpractice” or just “negligence”? The distinction matters for the expert affidavit requirement and the applicable statute of limitations.
Upson County Hospital, Inc. v. Head (246 Ga. App. 386, 2000)
A patient fell while being helped to the bathroom by a nurse. The patient sued for negligence without filing an expert affidavit.
The Ruling: If the nurse’s act involved “professional judgment” (e.g., deciding if a patient was stable enough to walk, assessing fall risk based on medical condition), it is Medical Malpractice and requires an expert affidavit. If it was just a physical slip or failure to hold the patient properly, it might be ordinary negligence. The court must look at whether medical training or judgment was required for the decision.
Dent v. Memorial Hospital of Adel (270 Ga. 316, 1998)
A child stopped breathing while on an apnea monitor in the hospital. Nurses failed to respond to the alarm in time.
The Ruling: Using medical equipment (apnea monitor) and interpreting its alarms requires professional nursing judgment and training. Therefore, a failure to respond appropriately is professional malpractice, not ordinary negligence. An expert affidavit is required to explain the standard of care for monitoring patients.
Piedmont Hospital, Inc. v. Milton (189 Ga. App. 563, 1988)
A patient was left unattended on a stretcher and fell off, suffering injuries.
The Ruling: Sometimes, “simple negligence” applies if no professional judgment was involved. For example, leaving a bed rail down when hospital protocol clearly states it must be raised for all patients in this condition is an administrative failure, not a medical judgment. In such cases, no expert affidavit may be needed.
What These Cases Established
- Judgment Call Test. Did the nurse have to use medical training or clinical judgment to make the decision? If yes, it’s malpractice requiring an affidavit.
- Affidavit Trap. If you sue under “simple negligence” but the court later rules it was actually professional malpractice, your case is dismissed for lack of an expert affidavit—and you may be barred by the statute of limitations from refiling.
- Administrative vs. Clinical Acts. Mopping the floor is simple negligence; administering medications or assessing patient stability is malpractice.
Current Georgia Law
- O.C.G.A. § 9-11-9.1: Expert affidavit required for professional malpractice (applies to nurses when exercising professional judgment).
- O.C.G.A. § 51-1-27: Standard of care for professionals.
Frequently Asked Questions
Do I need an expert to sue a nurse? Yes, if the nurse was exercising medical or clinical judgment (which is most cases). Under Upson and Dent, assessing a patient’s stability, monitoring medical equipment, or deciding on patient care requires professional judgment.
What if a nurse just dropped me? This is the gray area. Under Upson, if the nurse was assessing your medical stability before moving you, it’s malpractice. If she just slipped on a wet floor while pushing your wheelchair, it might be simple negligence. When in doubt, always file an expert affidavit to be safe—it’s better to have one you don’t need than to be dismissed for lacking one.
Is there a different statute of limitations? Yes. Medical malpractice has a 2-year limitation and 5-year repose. Simple negligence has a 2-year limitation but no repose. This distinction can be critical in older cases.
Conclusion: The High Bar of Medical Malpractice in Georgia
Medical malpractice in Georgia is a battle of experts, strict procedures, and unforgiving deadlines. The law is designed to protect healthcare providers from frivolous lawsuits, but it also means legitimate victims face significant hurdles.
Key Takeaways:
- The Expert Affidavit: You cannot start a case without a qualified doctor swearing under oath that negligence occurred and caused harm. Choose your expert carefully and file the affidavit with your complaint.
- The ER Rule: Emergency room cases require proving “gross negligence” (reckless disregard for safety) by clear and convincing evidence. This is a much higher bar than ordinary malpractice.
- Time Limits: The 5-year Statute of Repose is absolute and unforgiving. Even if you didn’t know about the malpractice, you lose your right to sue 5 years after the negligent act (with rare exceptions for foreign objects and fraud).
- Causation: You must prove the error caused the injury, not just that it happened. The “51% Rule” applies—your expert must say it’s more likely than not that proper care would have prevented the harm.
- Hospital Liability: Hospitals can be liable for “independent contractor” doctors under the doctrine of apparent authority, especially in ER, anesthesia, and radiology where patients don’t choose their providers.
- Known Complications: A bad outcome is not proof of negligence. Many surgical injuries are “known risks” that can happen even with perfect technique. You must prove a deviation from the standard of care.
If you believe you or a loved one has been harmed by medical negligence, consult an experienced Georgia medical malpractice attorney immediately. The procedural hurdles are complex, the deadlines are strict, and mistakes can be fatal to your case.
This guide uses verified Georgia statutes and appellate court decisions current as of 2025. Laws and interpretations may change.
Sources:
- O.C.G.A. Title 51 (Torts)
- O.C.G.A. Title 9 (Civil Practice)
- O.C.G.A. Title 31 (Health)
- Georgia Supreme Court Opinions
- Georgia Court of Appeals Opinions
Disclaimer: This content is for educational purposes only and does not constitute legal advice. Medical malpractice claims in Georgia have strict procedural requirements and short deadlines. The information provided is a general overview and may not apply to your specific situation. Statutes of limitations and repose are unforgiving—missing a deadline means losing your case permanently. If you believe you have a medical malpractice claim, consult a licensed Georgia attorney immediately.