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Contact your Athens lawyer
Contact your Augusta lawyer

Statute of Limitations

Georgia has a two-year statute of limitations running from the date of injury or death, and a five-year statute of "ultimate repose and abrogation."

Comparative or contributory negligence

variation of comparative negligence, a claimant's action is barred if he could have avoided the consequences of the defendant's negligence. Otherwise, the claimant's recovery is diminished in proportion to his degree of negligence.

Nature of accused's liability

liability to the claimant is apportioned among the joint tortfeasors severally based upon their degree of fault, however, joint and several liability is imposed on joint defendants if the claimant is without fault.

Law of contribution

The right of contribution is available to joint tortfeasors who are jointly and severally liable

Expert testimony standards

A medical malpractice complaint must generally contain an affidavit of an expert stating that the facts justify a claim of negligence

Limits on compensation

No cap on compensatory charges, but $250,000 on punitive charges unless defendant can prove intent to harm.

Limits on attorney fees

None

Collateral Source rule enforced

No collateral source rule

State and local health care providers immune from liabaility

The State of Georgia has waived its sovereign immunity, the are however numerous exceptions.

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability