Most people picture a malpractice case as a dramatic trial, but the overwhelming majority of the work happens long before a courtroom, and most cases never reach one. A Georgia claim moves through a defined sequence of steps, each with its own rules, and the 2025 tort reform law reshaped several of them. Knowing how the process unfolds, and where it can stall, helps set realistic expectations. From investigation to resolution, here is how a case actually moves.
What are the stages of a Georgia medical malpractice lawsuit?
A typical case moves through these phases:
- Investigation: the attorney gathers records, builds a timeline, and has a qualified physician review whether the care fell below the standard.
- Expert affidavit and complaint: the lawsuit begins with a complaint filed together with an expert affidavit (explained below).
- Answer: the defendant responds, often disputing both the standard of care and causation.
- Discovery: both sides exchange documents, answer written questions, and take depositions under oath.
- Motions: parties may ask the court to resolve issues or dismiss claims before trial.
- Mediation or settlement talks: a neutral mediator often helps the parties try to resolve the case.
- Trial: if no settlement is reached, a judge or jury decides liability and damages.
- Appeal: either side may challenge the result on legal grounds.
Most cases resolve at the settlement or mediation stage rather than at trial.
What has to be filed to start a case?
A Georgia malpractice case cannot begin with a complaint alone. Under O.C.G.A. § 9-11-9.1, the plaintiff must file an expert affidavit along with the complaint, a sworn statement from a qualified expert identifying at least one specific way the provider’s conduct fell below the standard of care. This requirement forces a genuine expert review before filing and screens out unsupported claims. A missing or deficient affidavit can lead to dismissal, so it is treated as a threshold step rather than a formality.
How long does a case take?
There is no fixed timeline, and malpractice cases tend to move slowly. Investigation and expert review can take months before anything is filed. Once a suit begins, discovery is often the longest phase, and complex cases can run a year or more before trial. The 2025 changes can lengthen this further. A new automatic stay of discovery applies when a defendant files an early motion to dismiss, pausing the exchange of information until the court rules, which can add significant time before a case develops.
What is discovery?
Discovery is the formal exchange of evidence between the parties. It includes requests for documents (such as the complete medical record and hospital policies), written questions answered under oath, and depositions, where witnesses and experts answer questions in person under oath before trial. Discovery is where most of the factual record is built, and it frequently determines whether a case settles and on what terms, because both sides learn how strong the other’s proof is.
How did the 2025 tort reform law change the process?
Senate Bill 68 altered several procedural features that affect how a case is litigated. A defendant or either party can now request a bifurcated trial under O.C.G.A. § 51-12-15, splitting the case into a separate liability phase and, only if liability is found, a damages phase (with a possible further phase for punitive damages). A court generally cannot refuse bifurcation unless the amount in controversy is under $150,000. The law also created the automatic discovery stay on a motion to dismiss noted above, and it shortened the window for a plaintiff to voluntarily dismiss and refile a case. None of these changes what a plaintiff must prove, but together they change the rhythm and strategy of litigation.
What is mediation, and is it required?
Mediation is a settlement process in which a neutral third party helps both sides try to reach an agreement, without deciding the case. Many Georgia courts encourage or order mediation before trial. It is confidential and non-binding, meaning nothing said in mediation is used against a party later and no one is forced to settle, but it resolves a large share of malpractice cases because it lets both sides weigh the risk and expense of trial against a negotiated outcome.
The above is general background and is not legal advice. The litigation process involves strict procedural rules that changed under the 2025 reforms and that depend on the specifics of each case. Anyone considering a claim should consult a lawyer admitted to practice in Georgia.