If the parties to a medical malpractice claim agree in writing to arbitrate the claim pursuant to this article, they shall file a petition in the superior court of the county where any party resides for an order authorizing the arbitration of the claim in accordance with this article and for the appointment of a referee for the arbitration. If the judge determines that the claim is a medical malpractice claim subject to this article, within 30 days of the filing of the petition for such order he shall issue an order authorizing the arbitration and appointing a referee. However, no agreement to arbitrate shall be enforceable unless the agreement was made subsequent to the alleged malpractice and after a dispute or controversy has occurred and unless the claimant is represented by an attorney at law at the time the agreement is entered into.
§ 9-9-62.Petition for arbitration; arbitration order and appointment of referee; conditions precedent to enforceability
Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 1988 · Last verified July 17, 2026
In one sentenceRequires parties who agree in writing to arbitrate a medical malpractice claim to petition the superior court where a party resides for an order authorizing arbitration and appointing a referee, and makes the agreement enforceable only if it was signed after the alleged malpractice and dispute arose and while the claimant had a lawyer.
Full Text of § 9-9-62
Plain-English Summary
Once parties agree in writing to arbitrate, this section tells them where to go and what happens next. They file a petition in the superior court of the county where any party resides, asking the court to authorize the arbitration and appoint a referee. If the judge finds the claim qualifies as a medical malpractice claim under this article, the judge has 30 days from filing to issue the order and name a referee.
The section then adds two guardrails that decide whether the underlying arbitration agreement can be enforced at all. First, the agreement has to have been made after the alleged malpractice happened and after a dispute or controversy already existed — a patient can’t be locked into arbitration by fine print signed before anything went wrong. Second, the claimant must have been represented by a lawyer at the time the agreement was signed.
Together, these conditions keep the arbitration track available as a real choice made with legal advice and full knowledge of the dispute, rather than a term buried in admission paperwork.
Frequently Asked Questions
Where do parties file the petition to authorize arbitration?
In the superior court of the county where any party resides.
How quickly must the judge rule on the petition?
Within 30 days of the petition being filed, the judge must determine whether the claim qualifies and, if so, issue an order authorizing arbitration and appointing a referee.
Can a hospital have a patient sign an arbitration agreement before any malpractice happens?
No. The agreement is not enforceable unless it was made after the alleged malpractice and after a dispute or controversy had already occurred.
Does the claimant need a lawyer to sign a valid arbitration agreement?
Yes. The claimant must be represented by an attorney at law at the time the agreement is entered into, or the agreement is not enforceable.
What does the judge appoint along with authorizing arbitration?
A referee for the arbitration.
Amendment History
Code 1933, § 7-403, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-112; Code 1981, § 9-9-62, 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: petition for medical malpractice arbitration georgiaarbitration order referee appointment georgiawhen is medical malpractice arbitration agreement enforceableconditions precedent medical malpractice arbitration georgia