If you are considering a malpractice claim in Atlanta, one of the first questions is how long it will take. Our Atlanta medical malpractice lawyer can explain the likely path for your case after reviewing the facts. Moriarty Medical Malpractice Lawyers prepared this guide to explain each phase of a Georgia malpractice case and why these cases usually take longer than a standard injury claim.
No one can predict the exact length of a case. The timeline depends on the injuries, the number of providers involved, the court’s schedule, and whether the case settles or goes to trial.
Phase 1: Investigation and Records
The case begins with a consultation and a review of what happened. The attorneys then request complete records from every physician, hospital, lab, and pharmacy involved. Large hospital charts, imaging, and fetal monitoring strips can take weeks or months to collect. Cases involving several facilities and providers, such as many hospital negligence claims, often require the most records.
Phase 2: Qualified Medical Review and the Affidavit
Before a lawsuit can be filed, a qualified physician in the relevant specialty reviews the records. Under O.C.G.A. § 9-11-9.1, the complaint must be filed with that physician’s sworn statement identifying at least one negligent act or omission and the facts that support it. A case involving several specialties may need more than one reviewer. Our guide to the affidavit of merit explains this requirement.
This phase must finish within Georgia’s filing deadline, which our guide to Georgia filing deadlines explains.
Phase 3: Filing the Lawsuit
The complaint is filed in the appropriate court and served on each defendant. Our guide to filing in Atlanta courts explains which courts hear these cases. Our medical malpractice lawsuits page describes the kinds of claims our attorneys file.
Two rules can affect the early timeline. If the affidavit is filed after the complaint under the statute’s narrow exception, the defendant does not have to answer until 30 days after the affidavit is filed, and discovery does not begin until the answer is filed. Georgia’s 2025 tort reform law, Senate Bill 68, also allows a defendant to file a motion to dismiss in place of an answer, with discovery paused until the court rules.
Phase 4: Discovery
Discovery is the exchange of evidence. Each side requests documents and takes depositions of the providers, the patient, family members, and the qualified medical witnesses. Under Uniform Superior Court Rule 5.1, parties who want the court’s help compelling discovery must pursue it within six months after the answer is filed. The court may extend, reopen, or shorten that period, and complex malpractice cases often need more time.
Discovery can also include challenges to the qualified medical witnesses. Under O.C.G.A. § 24-7-702, a party may ask the court to hold a pretrial hearing on whether a witness is qualified, and in civil cases that hearing must be completed by the final pretrial conference.
Phase 5: Mediation and Settlement Negotiations
Many cases are resolved through negotiation or mediation, where a neutral mediator helps the parties discuss a settlement. These discussions can happen at any point, but they often occur after key depositions, when both sides better understand the evidence. A fair settlement depends on a full understanding of the patient’s future needs, which is one reason cases involving children, such as birth injury claims, may take longer to resolve.
Phase 6: Trial, Post-Trial Motions, and Appeals
If the case does not settle, it proceeds to trial. After a verdict, either side may file post-trial motions, and the losing side may appeal. Appeals can add significant time. In Clark v. Leigh, for example, the care at issue took place in 2019, the jury trial was held in July 2024, and the Georgia Supreme Court decided the appeal in June 2026.
Why Malpractice Cases Take Longer Than Other Injury Claims
- Medical review comes first. A physician’s review and sworn statement are required before filing.
- The evidence is technical. Records must be interpreted by physicians in the relevant specialties.
- More witnesses are involved. Each side typically presents qualified medical witnesses on the standard of care, causation, and damages.
- Several defendants may share responsibility. Physicians, practices, and hospitals may each have their own attorneys.
- Future needs must be measured. Serious injuries may require life care planners and economists to project costs.
What You Can Do to Keep Your Case Moving
- Gather the records and documents you already have.
- Keep a list of every provider and facility involved.
- Respond promptly to your attorneys’ requests for information.
- Keep attending the medical appointments your physicians recommend, which also document your ongoing condition.
The length of a case also affects its costs. Our guide to how contingency fees work explains how case costs are typically handled.
Talk With Our Attorneys
Moriarty Medical Malpractice Lawyers represents patients and families in Atlanta and nearby communities, including Peachtree Corners. Contact us to schedule a free consultation.
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