Georgia Code
Article 8 - Provisional and Final Remedies and Special Proceedings
§ 9-11-68. Offers of Settlement; Damages for Frivolous Claims or Defenses

History. Code 1981, § 9-11-68 , enacted by Ga. L. 2005, p. 1, § 5/SB 3; Ga. L. 2006, p. 589, § 1/HB 239.
Editor’s notes.
Ga. L. 2005, p. 1, § 1/SB 3, not codified by the General Assembly, provides that: “The General Assembly finds that there presently exists a crisis affecting the provision and quality of health care services in this state. Hospitals and other health care providers in this state are having increasing difficulty in locating liability insurance and, when such hospitals and providers are able to locate such insurance, the insurance is extremely costly. The result of this crisis is the potential for a diminution of the availability of access to health care services and a resulting adverse impact on the health and well-being of the citizens of this state. The General Assembly further finds that certain civil justice and health care regulatory reforms as provided in this Act will promote predictability and improvement in the provision of quality health care services and the resolution of health care liability claims and will thereby assist in promoting the provision of health care liability insurance by insurance providers. The General Assembly further finds that certain needed reforms affect not only health care liability claims but also other civil actions and accordingly provides such general reforms in this Act.”
Law reviews.
For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 221 (2005).
For annual survey of trial practice and procedure, see 57 Mercer L. Rev. 381 (2005).
For annual survey of trial practice and procedure, see 58 Mercer L. Rev. 405 (2006).
For survey article on trial practice and procedure, see 60 Mercer L. Rev. 397 (2008).
For annual survey on trial practice and procedure, see 61 Mercer L. Rev. 363 (2009).
For annual survey of law on trial practice and procedure, see 62 Mercer L. Rev. 339 (2010).
For annual survey on administrative law, see 66 Mercer L. Rev. 1 (2014).
For annual survey on trial practice and procedure, see 66 Mercer L. Rev. 211 (2014).
For survey article on local government law, see 67 Mercer L. Rev. 147 (2015).
For annual survey of tort laws, see 67 Mercer L. Rev. 237 (2015).
For annual survey on trial practice and procedure, see 67 Mercer L. Rev. 257 (2015).
For article, “Medical Malpractice as Worker’s Comp: Overcoming State Constitutional Barriers to Tort Reform,” see 67 Emory L.J. 975 (2018).
For note, “The Swift, Silent Sword Hiding in the (Defense) Attorney’s Arsenal: The Inefficacy of Georgia’s New Offer of Judgment Statute as Procedural Tort Reform,” see 40 Ga. L. Rev. 995 (2006).
For comment, “Where Do We Go From Here? The Future of Caps on Noneconomic Medical Malpractice Damages in Georgia,” see 28 Ga. St. U.L. Rev. 1341 (2012).