In addition to any other legal procedure for the resolution of medical malpractice claims, the parties to a medical malpractice claim may submit the claim for arbitration in accordance with this article.
§ 9-9-61.Medical malpractice arbitration authorized
Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 1988 · Last verified July 17, 2026
In one sentenceAuthorizes parties to a medical malpractice claim, as defined in Code Section 9-9-60, to submit their dispute to arbitration under this article, while making clear that arbitration is an added option alongside — not a replacement for — any other legal procedure already available for resolving the claim.
Full Text of § 9-9-61
Plain-English Summary
This is the article’s enabling clause. It tells parties to a medical malpractice claim that arbitration under this article exists as a choice they can make, sitting on top of whatever other legal routes already exist for resolving the dispute — chief among them, a lawsuit.
Nothing here forces anyone into arbitration. The phrase “in addition to any other legal procedure” signals that filing suit remains available; this article opens a second door. The parties still have to agree, and the rest of the article — starting with the petition and order requirements in Code Section 9-9-62 — spells out how to walk through that door.
Read alone, this section does little more than announce that the option exists. Its practical weight comes from the sections that follow, which set the conditions, timing, and procedure that make an arbitration agreement enforceable.
Frequently Asked Questions
Is arbitration mandatory for medical malpractice claims in Georgia under this article?
No. The section describes arbitration as being available “in addition to any other legal procedure,” meaning it supplements rather than replaces the normal course of a lawsuit.
Who decides whether to use this arbitration track?
The parties to the medical malpractice claim, who must submit the claim for arbitration in accordance with the article.
Does choosing arbitration cut off the right to sue in court?
This section alone does not say so — it frames arbitration as an added procedure. Other sections, such as the conditions in Code Section 9-9-62, govern how a binding agreement to arbitrate gets formed.
What law governs how the arbitration must proceed once chosen?
The rest of Article 2 — “in accordance with this article” points to the petition, referee, arbitrator-selection, hearing, and appeal provisions that follow.
Does this section itself lay out the arbitration steps?
No. It only authorizes the option; Code Section 9-9-62 and the sections after it describe the actual procedure.
Amendment History
Code 1933, § 7-402, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-111; Code 1981, § 9-9-61, 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
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