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O.C.G.A. § 9-9-60 — "Medical malpractice claim" defined | Georgia Code
O.C.G.A. § 9-9-60 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

Section 9. Arbitration, 9-9-1 through 9-9-84.

ARTICLE 2 MEDICAL MALPRACTICE

9-9-60. "Medical malpractice claim" defined.

For the purposes of this article, the term "medical malpractice claim" means any claim for damages resulting from the death of or injury to any person arising out of:

  1. Health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care, rendered by a person authorized by law to perform such service or by any person acting under the supervision and control of a lawfully authorized person; or
  2. Care or service rendered by any public or private hospital, nursing home, clinic, hospital authority, facility, or institution, or by any officer, agent, or employee thereof acting within the scope of his employment.

(Code 1933, § 7-401, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, §9-9-110; Code 1981, §9-9-60, as redesignated by Ga. L. 1988, p. 903, § 3.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1988, "article" was substituted for "part" in the introductory language of the Code section.

Law reviews.

- For article, "Medical Malpractice: A Time for More Talk and Less Rhetoric," see 37 Mercer L. Rev. 725 (1986). For article, "Physicians, Pharmacists, Pharmaceutical Manufacturers: Partners in Patient Care, Partners in Litigation?," see 37 Mercer L. Rev. 755 (1986). For article, "State of Emergency: Why Georgia's Standard of Care in Emergency Rooms is Harmful to Your Health," see 45 Ga. L. Rev. 275 (2010).

RESEARCH REFERENCES

ALR.

- Medical malpractice in performance of legal abortion, 69 A.L.R.4th 875.

Medical malpractice: presumption or inference from failure of hospital or doctor to produce relevant medical records, 69 A.L.R.4th 906.

Arbitration of medical malpractice claims, 24 A.L.R.5th 1.

Hospital liability as to diagnosis and care of patients in emergency room, 58 A.L.R.5th 613.

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.