Georgia Code
Chapter 1 - General Provisions
§ 51-1-27. Recovery for Medical Malpractice Authorized

A person professing to practice surgery or the administering of medicine for compensation must bring to the exercise of his profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had.
History. Orig. Code 1863, § 2915; Code 1868, § 2922; Code 1873, § 2973; Code 1882, § 2973; Civil Code 1895, § 3831; Civil Code 1910, § 4427; Code 1933, § 84-924.
Cross references.
Time limitations for bringing of actions for medical malpractice, § 9-3-70 et seq.
Giving of consent for surgical or medical treatment, T. 31, C. 9.
Observance of provisions of “living wills” by physicians and other health-care professionals, § 31-32-7.
Recovery in tort for malpractice of chiropractor, § 43-9-16 .
Regulation of practice of physicians generally, § 43-34-20 et seq.
Suspension of license to practice medicine and other disciplining of physicians, § 43-34-37 .
Law reviews.
For comment on Specht v. Gaines, 65 Ga. App. 782 , 16 S.E.2d 507 (1941), see 4 Ga. B. J. 49 (1942).
For comment on Saffold v. Scarborough, 91 Ga. App. 628 , 86 S.E.2d 649 (1955), holding that the running of the statute of limitations for medical malpractice was properly postponed due to allegations of fraud, and suit for alleged malpractice instituted within two years after the discovery of such fraud was not barred, see 18 Ga. B. J. 79 (1955).
For comment on Carroll v. Griffin, 96 Ga. App. 826 , 101 S.E.2d 764 (1958), affirming a verdict for defendant-doctor when patient failed to prove he had been abandoned by the physician, see 21 Ga. B. J. 105 (1958).
For comment on Hayes v. Brown, 108 Ga. App. 360 , 133 S.E.2d 102 (1963), see 26 Ga. B. J. 456 (1964).
For comment on Gian-Cursio v. State, Epstein v. State, 180 So.2d 396 (Fla. 1965), as to the appropriate school of practice for expert witnesses testifying in chiropractor malpractice cases, see 18 Mercer L. Rev. 292 (1966).
For note, “Summary Judgment in Medical Malpractice Actions,” see 7 Ga. St. B.J. 470 (1971).
For note, “Informed Consent: The Illusion of Patient Choice,” see 23 Emory L.J. 503 (1974).
For article, “No-Fault Insurance for Injuries Arising From Medical Treatment: A Proposal for Elective Coverage,” see 24 Emory L.J. 21 (1975).
For article analyzing the trend in this country toward no-fault liability, see 25 Emory L. J. 163 (1976).
For article, “Baby Doe Cases: Compromise and Moral Dilemma,” see 34 Emory L.J. 545 (1985).
For annual survey of law of torts, see 38 Mercer L. Rev. 351 (1986).
For comment, “Legislative Limitations on Medical Malpractice Damages: The Chances of Survival,” see 37 Mercer L. Rev. 1583 (1986).
For comment, “Medical Expert Systems and Publisher Liability: A Cross-Contextual Analysis,” see 43 Emory L.J. 731 (1994).
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).
For comment, “Georgia’s Telemedicine Laws and Regulations: Protecting Against Health Care Access,” see 68 Mercer L. Rev. 489 (2017).
For article, “Non-Physician vs. Physician: Cross-Disciplinary Expert Testimony in Medical Negligence Litigation - Who Knows the Standard of Care?,” see 35 Ga. St. U.L. Rev. 679 (2019).

Structure Georgia Code

Georgia Code

Title 51 - Torts

Chapter 1 - General Provisions

§ 51-1-1. Tort Defined

§ 51-1-2. Ordinary Diligence and Ordinary Negligence Defined

§ 51-1-3. Extraordinary Diligence and Slight Negligence Defined

§ 51-1-4. Slight Diligence and Gross Negligence Defined

§ 51-1-5. Meaning of “Due Care” in Reference to Child of Tender Years

§ 51-1-6. Recovery of Damages Upon Breach of Legal Duty

§ 51-1-7. When Infraction of Public Duty Gives Cause of Action to Individual

§ 51-1-8. Right of Action Arising From Breach of Private Duty

§ 51-1-9. Recovery for Torts to Self, Wife, Child, Ward, or Servant

§ 51-1-10. Who May Bring an Action for Torts to Wife; Action by Wife Living Apart From Husband for Torts to Self or Children

§ 51-1-11. When Privity Required to Support Action; Product Liability Action and Time Limitation Therefore; Industry-Wide Liability Theories Rejected

§ 51-1-11.1. Liability of Product Seller as a Manufacturer

§ 51-1-12. Liability for Ratifying Tort

§ 51-1-13. Cause of Action for Physical Injury; Intention Considered in Assessing Damages

§ 51-1-14. Violent Injury or Attempt to Commit Injury

§ 51-1-15. Right of Action for Abduction or Harboring of Wife

§ 51-1-16. Right of Action for Seduction of Daughter; Exemplary Damages

§ 51-1-17. Rights of Action for Adultery, Alienation of Affections, and Criminal Conversation Abolished

§ 51-1-18. Furnishing Alcoholic Beverages to Minor Children; Gambling With Minor Children

§ 51-1-19. Negligence by Person Given Trust or Confidence for Consideration

§ 51-1-20. Liability of Persons Serving Charitable Organizations and Public Entities While Acting in Good Faith

§ 51-1-20.1. Liability of Volunteers, Employees, or Officers of Nonprofit Association Conducting or Sponsoring Sports or Safety Program; Liability of Association

§ 51-1-20.2. Liability of Child Passenger Safety Technicians

§ 51-1-21. Liability of Owner of Watercraft for Torts Generally

§ 51-1-22. Owner’s Liability for Negligent Operation of Vessel; Express or Implied Consent Prerequisite

§ 51-1-23. Sale of Unwholesome Provisions

§ 51-1-24. Sale of Adulterated Drugs or Alcoholic Beverages

§ 51-1-25. Furnishing of Wrong Article or Medicine by Vender of Drugs and Medicines

§ 51-1-26. Survivability of Actions Under Code Sections 51-1-23 Through 51-1-25

§ 51-1-27. Recovery for Medical Malpractice Authorized

§ 51-1-28. Transfusions, Transplants, and Transfers of Human Blood, Tissue, Organs; Negligence Prerequisite to Recovery for Damages

§ 51-1-29. Liability of Persons Rendering Emergency Care

§ 51-1-29.1. Liability of Voluntary Health Care Provider and Sponsoring Organization

§ 51-1-29.2. Liability of Persons or Entities Acting to Prevent, Minimize, and Repair Injury and Damage Resulting From Catastrophic Acts of Nature

§ 51-1-29.3. Immunity for Operators of External Defibrillators

§ 51-1-29.4. Liability of Voluntary Health Care Providers and Sponsoring Organizations; Cumulative Immunity; Application

§ 51-1-29.5. Definitions; Limitation on Health Care Liability Claim to Gross Negligence in Emergency Medical Care; Factors for Jury Consideration

§ 51-1-29.6. Liability of Health Care Institutions and Providers Regarding Thc Oil

§ 51-1-30. Liability of Officers and Agents for Acts Performed While Fighting Fires or Performing Duties at the Scene of Emergencies

§ 51-1-30.1. Exemption From Tort Liability of Drivers and Operators of Fire Apparatus in Certain Municipalities

§ 51-1-30.2. Immunity of Teachers and School Personnel From Liability for Communicating Information Concerning Drug Abuse

§ 51-1-30.3. Immunity From Liability for Persons Providing Certain Services Upon Public or Private School Property and for Public or Private Schools Requesting Such Services

§ 51-1-30.4. Immunity From Liability for Officers Providing Security at Nuclear Facilities

§ 51-1-31. Liability From Donation of Canned or Perishable Food to Charitable or Nonprofit Organizations for Use or Distribution

§ 51-1-32. Separate Causes of Action for Personal Injury and Property Damage Caused by Motor Vehicle

§ 51-1-33. Settlement of Single Action Under Code Section 51-1-32 — Evidence in Separate Action

§ 51-1-34. Settlement of Single Action Under Code Section 51-1-32 — Effect in Separate Action

§ 51-1-35. When Negotiating or Obtaining Statement From Injured Adverse Party Prohibited; Effect of Prohibited Settlement in Court Action

§ 51-1-36. Duty of Care of Operator of Motor Vehicle to Passengers

§ 51-1-37. Negligent or Improper Administration of Polygraph Examination; Measure of Damages

§ 51-1-38. Tort Immunity for Medical Students; Exceptions

§ 51-1-39. Liability for Injuries of Person Committing Crime on Political Subdivision Property

§ 51-1-40. Liability for Acts of Intoxicated Persons

§ 51-1-41. Liability of Sports Officials at Amateur Athletic Contests

§ 51-1-42. Limitation of Liability for Transportation of Senior Citizens by Volunteer

§ 51-1-43. “Roller Skating Safety Act of 1993.”

§ 51-1-44. Limitation of Liability for Dental Students

§ 51-1-45. Immunity of Persons Serving Without Compensation as Athletic Team Physicians

§ 51-1-46. “Drug Dealer Liability Act”; Purpose; Definitions; Actions Against Persons Participating in Illegal Marketing of Controlled Substances

§ 51-1-47. Immunity for Disconnection of Motor Vehicle Air Bags

§ 51-1-48. Diligence Required in Reviewing Claims; Nonwaivable Liability Is Not Created; Definitions

§ 51-1-49. Requirements for Maintaining Cause of Action Against Managed Care Entity; Notice; Independent Review

§ 51-1-50. Immunity of Broadcasters From Liability for Levi’s Call: Georgia’s Amber Alert Program

§ 51-1-51. Limitations on Liability of Liquefied Petroleum Gas Providers

§ 51-1-52. Federal Law Payor Guidelines and Criteria Not a Legal Basis for Negligence or Standard of Care for Medical Malpractice or Product Liability

§ 51-1-53. Recreational Joint-Use Agreements

§ 51-1-54. Program and Treatment Completion Certificate

§ 51-1-55. Firearm Instructor Liability

§ 51-1-56. Civil Recovery Available to Victims of Human Trafficking; Statute of Limitations; Relief Sought by Attorney General