If you are considering a malpractice lawsuit in Atlanta, you may be wondering which court would hear it and what filing involves. Our Atlanta medical malpractice lawyer can determine the proper court for your claim and prepare the filing. Moriarty Medical Malpractice Lawyers prepared this guide to explain how Georgia courts handle these cases.
Which Courts Hear Malpractice Cases
In Georgia, medical malpractice lawsuits are usually filed in a county’s state court or superior court. Both are trial courts that can hear civil damages cases.
- Fulton County State Court. The State Court of Fulton County lists medical malpractice, wrongful death, and serious personal injury among the civil cases it tries.
- DeKalb County State Court. The State Court of DeKalb County accepts civil filings regardless of the amount in controversy, unless the superior court has exclusive jurisdiction.
- Superior courts. Each county’s superior court is a court of general jurisdiction and can also hear malpractice cases.
After a trial, appeals go to the Georgia Court of Appeals or the Georgia Supreme Court. Our medical malpractice lawsuits page describes the kinds of claims our attorneys file.
Venue: Which County’s Court Hears the Case
Venue is the question of which county a case belongs in. Under the Georgia Constitution, most civil cases are tried in the county where the defendant resides. When a suit names joint tortfeasors who reside in different counties, it may be tried in either county.
Hospitals and medical practices are often organized as corporations or similar entities, and the Constitution leaves their venue to statute. Generally, a corporation is subject to venue in the county of its registered office and, in a tort case, in the county where the claim arose if it has an office and transacts business there, as the Georgia Court of Appeals explained in Rock v. Ready Trucking. These rules matter in claims against a facility, including hospital negligence claims in Atlanta and in Forest Park.
Atlanta lies in more than one county, most notably Fulton and DeKalb. Our priority communities fall in several counties:
- Stonecrest is in southeast DeKalb County.
- Peachtree Corners is in Gwinnett County.
- Forest Park is in Clayton County, where the State Court of Clayton County hears civil actions.
Where a patient lives or was treated does not by itself decide venue. The residence of each defendant, and for entities the location of their registered office and business, usually controls. A case against several providers may have more than one proper county.
What Filing a Malpractice Lawsuit Involves
- The complaint. The complaint identifies the defendants, describes the care, and states the claims and damages.
- The affidavit. Under O.C.G.A. § 9-11-9.1, the complaint must be filed with a qualified medical witness’s affidavit identifying at least one negligent act or omission. Our guide to the affidavit of merit explains this requirement.
- Electronic filing. Since January 1, 2019, new civil cases filed by attorneys in Georgia’s state and superior courts must be filed electronically, according to the State Bar of Georgia. Filing fees are paid at that time.
- Service. Each defendant must be formally served with the complaint.
- The response. The defendants file their responses. Under Georgia’s 2025 tort reform law, Senate Bill 68, a defendant may file a motion to dismiss in place of an answer, and discovery is paused until the court rules.
From there, the case moves into discovery, mediation, and, if it does not settle, trial. Our guide to Atlanta case timelines explains each phase.
Deadlines Come First
A lawsuit filed in the right court still fails if it is filed too late. Under O.C.G.A. § 9-3-71, Georgia generally allows two years from the date of injury or death, with a five-year outer limit, and special rules apply to children and foreign objects. Our guide to Georgia filing deadlines explains these rules. When a patient has died, the family’s wrongful death claim and the estate’s claim may be brought together in the same action, as they were in Clark v. Leigh.
Talk With Our Attorneys
Choosing the right court is a legal decision that depends on the defendants and the facts. Moriarty Medical Malpractice Lawyers represents patients and families in Atlanta and nearby communities. Contact us to schedule a free consultation.
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