(a) In any action for damages alleging medical malpractice against a professional licensed by the State of Georgia and listed in subsection (g) of Code Section 9-11-9.1, against a professional corporation or other legal entity that provides health care services through a professional licensed by the State of Georgia and listed in subsection (g) of Code Section 9-11-9.1, or against any licensed health care facility alleged to be liable based upon the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection (g) of Code Section 9-11-9.1, contemporaneously with the filing of the complaint, the plaintiff shall be required to file a medical authorization form. Failure to provide this authorization shall subject the complaint to dismissal.
§ 9-11-9.2.Medical authorization forms; review of protected health information
Chapter 11. Civil Practice Act · Article 3. Pleadings and Motions · Last amended 2007 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-11-9.2 requires a plaintiff suing over medical malpractice to file a medical authorization form with the complaint that lets defense counsel obtain and discuss the plaintiff's or decedent's protected health information with treating providers, and provides that failing to file the authorization subjects the complaint to dismissal.
Full Text of § 9-11-9.2
(b) The authorization shall provide that the attorney representing the defendant is authorized to obtain and disclose protected health information contained in medical records to facilitate the investigation, evaluation, and defense of the claims and allegations set forth in the complaint which pertain to the plaintiff or, where applicable, the plaintiff’s decedent whose treatment is at issue in the complaint. This authorization includes the defendant’s attorney’s right to discuss the care and treatment of the plaintiff or, where applicable, the plaintiff’s decedent with all of the plaintiff’s or decedent’s treating physicians.
(c) The authorization shall provide for the release of all protected health information except information that is considered privileged and shall authorize the release of such information by any physician or health care facility by which health care records of the plaintiff or the plaintiff’s decedent would be maintained.
Plain-English Summary
Medical malpractice defendants need access to the plaintiff’s medical history to mount a defense, and this section builds that access into the filing requirements for the case. When a plaintiff sues a licensed professional covered by Code Section 9-11-9.1, an entity that delivers care through such a professional, or a licensed health care facility, the complaint has to come with a medical authorization form. Skipping that authorization exposes the complaint to dismissal.
The authorization itself has real teeth. It lets the defense attorney obtain and disclose protected health information from medical records relevant to investigating, evaluating, and defending the claims in the complaint, and it goes further than a typical records release by letting defense counsel discuss the plaintiff’s or decedent’s care and treatment directly with any of the treating physicians involved.
Subsection (c) caps the scope: the authorization has to cover all protected health information except what’s privileged, and it has to authorize the physicians and health care facilities holding the plaintiff’s or decedent’s records to release that information consistent with the statute.
Frequently Asked Questions
Do I need a medical authorization form to file a Georgia medical malpractice complaint?
Yes, when suing a professional or facility covered by Code Section 9-11-9.1's professions list — the authorization must be filed contemporaneously with the complaint.
What does the medical authorization required by O.C.G.A. § 9-11-9.2 allow the defense to do?
It authorizes defense counsel to obtain and disclose the plaintiff's or decedent's protected health information for investigating, evaluating, and defending the claims, and it authorizes discussing the care and treatment directly with treating physicians.
What happens if a plaintiff doesn't file the required authorization?
The complaint is subject to dismissal for failing to provide the authorization.
Does the authorization cover privileged medical information?
No. Subsection (c) excludes privileged information from the release, covering all other protected health information instead.
Who can release records under this medical authorization?
Any physician or health care facility holding health care records of the plaintiff or, where applicable, the plaintiff's decedent, whose treatment is at issue in the case.
Amendment History
Code 1981, § 9-11-9.2, enacted by Ga. L. 2005, p. 1, § 4/SB 3; Ga. L. 2007, p. 216, § 2/HB 221.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: Georgia medical authorization form malpracticeprotected health information release Georgia lawsuitmedical records authorization Georgia malpractice complaintGeorgia malpractice complaint dismissal authorization