For the purposes of this article, the term “medical malpractice claim” means any claim for damages resulting from the death of or injury to any person arising out of:
§ 9-9-60.“Medical malpractice claim” defined
Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 1988 · Last verified July 17, 2026
In one sentenceDefines “medical malpractice claim” for the whole arbitration article as any claim for death or injury arising from health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care by an authorized provider, or from care rendered by a hospital, nursing home, clinic, or similar institution and its staff.
Full Text of § 9-9-60
(1) Health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care, rendered by a person authorized by law to perform such service or by any person acting under the supervision and control of a lawfully authorized person; or
(2) Care or service rendered by any public or private hospital, nursing home, clinic, hospital authority, facility, or institution, or by any officer, agent, or employee thereof acting within the scope of his employment.
Plain-English Summary
This section draws the boundary line for the entire medical malpractice arbitration article. Before any of the later machinery — petitions, referees, three-arbitrator panels, tolling, immunity — can apply, a dispute has to fit inside this definition. It covers two distinct paths into the article.
The first path runs through an individual provider: anyone legally authorized to render health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care, plus anyone working under that person’s supervision and control. The second path runs through an institution: a public or private hospital, nursing home, clinic, hospital authority, facility, or other institution, along with its officers, agents, or employees acting within the scope of their jobs.
Both paths share one requirement — the claim must seek damages tied to a death or an injury. A billing dispute or a contract disagreement with a provider, for instance, would not fit this definition on its own. Everything that follows in Article 2 assumes the claim already clears this threshold.
Frequently Asked Questions
What counts as a medical malpractice claim under this section?
Any claim for damages from death or injury that arises either from health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care rendered by an authorized provider (or someone under that provider’s supervision), or from care rendered by a hospital, nursing home, clinic, hospital authority, facility, or institution.
Does the claim have to involve a death or injury?
Yes. The definition covers claims for damages resulting from the death of or injury to a person; it does not extend to other kinds of disputes with a provider or institution.
Does this definition cover nursing homes and clinics, not just doctors?
Yes. The second category expressly includes public or private hospitals, nursing homes, clinics, hospital authorities, facilities, or institutions, along with their officers, agents, or employees acting within the scope of employment.
Does it cover a hospital employee who isn’t a doctor?
Yes, if that employee is acting within the scope of employment for the hospital or similar institution named in the section.
Why does this definition matter for the rest of the article?
It sets the gate. Only claims that meet this definition can use the petition, arbitration panel, tolling, and appeal procedures the rest of Article 2 sets out.
Amendment History
Code 1933, § 7-401, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-110; Code 1981, § 9-9-60, as redesignated by Ga. L. 1988, p. 903, § 3.
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 malpractice claim definitionwhat is a medical malpractice claim georgiahospital nursing home malpractice claim definitionmedical malpractice arbitration act scope georgia