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How does Georgia law address rehab center malpractice claims?
- Published November 7, 2026
- No. 190 of 195 in this folder
Filed in Georgia Medical Malpractice FAQ
Last updated: November 7, 2026. Georgia law changes; check the date before relying on any deadline or rule below.
Georgia has no statute written specifically for rehabilitation centers. A claim against one uses the general malpractice rules: the standard of care in O.C.G.A. § 51-1-27, the expert affidavit in § 9-11-9.1, the deadlines in § 9-3-71, and apportionment of fault in § 51-12-33. Two other rules can apply depending on the facility type and the nature of the failure.
The rules that govern
| Rule | How it applies in rehab |
|---|---|
| § 51-1-27 standard of care | Therapists, nurses, and physicians are measured against their own professions |
| § 9-11-9.1 expert affidavit | Physical therapists, nurses, physicians, and health care facilities sued for their conduct are covered professions |
| § 24-7-702 expert qualifications | The expert must have experience in the same area and have practiced or taught in at least three of the last five years |
| § 9-3-71 deadlines | Two years from injury; five-year repose |
| § 51-12-33 apportionment | Fault may be divided between the rehab center, the transferring hospital, and others |
| § 31-8-126 resident rights | A separate cause of action against a long-term care facility for violating residents' rights |
Professional standards are proven through experts
Fall prevention, skin care, and therapy progression are matters of professional practice. Those standards come into a case through expert testimony, not as statutory requirements. A facility’s own policies can be evidence of what careful practice looked like, but a policy violation is not automatically malpractice.
Malpractice or ordinary negligence?
Georgia distinguishes professional judgment from administrative or routine acts. A decision about how a patient should be moved is professional. Courts have treated some acts that require no professional judgment as ordinary negligence, without the affidavit requirement (Upson County Hospital v. Head, 2000). The line depends on the facts, and filing the affidavit when it is unclear avoids a dismissal fight.
Causation
Rehab patients have serious conditions. A fall may cause a fracture; it may also have happened despite every reasonable precaution. The patient’s expert must explain why the failure, more likely than not, caused the harm (Zwiren v. Thompson, 2003).
Capacity and the deadline
Georgia does not pause the deadline for adults who lack capacity; the special rule for minors does not extend to legally incompetent persons (§ 9-3-73). Families acting for a patient with dementia or a brain injury should not assume extra time.
Find out how the facility is licensed
Find out whether the facility is licensed as a hospital unit, a nursing home, or an outpatient clinic. That one fact tells a lawyer whether the resident rights statute is available alongside the malpractice claim.
This article explains Georgia law in general terms. It is not legal advice, and reading it does not create an attorney-client relationship. Deadlines in malpractice cases are short and fact-specific, so talk to a Georgia lawyer about your own situation.
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