Georgia Medical Malpractice FAQs

• Q: What About Contributory Or Comparative Negligence?
  A: Georgia has adopted a variation of comparative negligence. A claimant's action is barred if he could have avoided the consequences of the defendant's negligence. … More
• Q: Is Expert Testimony Required?
  A: A medical malpractice complaint must generally contain an affidavit of an expert stating that the facts justify a claim of negligence. When a claimant fails to file an … More
• Q: Immunities?
  A: Georgia has waived its sovereign immunity. This waiver applies to all actions within the scope of an employee's duty. However, this waiver is limited by many … More
• Q: What About Joint And Several Liability?
  A: For causes of action that accrue after July 1, 1987, liability to the claimant is apportioned among the joint tortfeasors severally based upon their degree of fault. … More
• Q: Are There Patient Compensation Funds And Physician Insurance?
  A: Georgia does not have a patient compensation fund or a program of state­sponsored liability.
• Q: Are Periodic Payments Required?
  A: Georgia does not require the use of periodic payments.
• Q: Is Pre-Judgment Interest Required?
  A: Pre­judgment interest is not allowed in personal injury actions, unless the defendant rejects a formal pre­trial demand by the claimant and the judgment is … More
• Q: What Is Vicarious Liability?
  A: Georgia statutory law imposes liability on an individual for the negligent acts of a contractor when the contractor's work is wrongful in itself, results in a … More