The parties to the arbitration may obtain discovery in the same manner as provided by law for discovery in civil cases in the superior courts.
§ 9-9-72.Discovery
Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 1988 · Last verified July 17, 2026
In one sentenceGives parties to a medical malpractice arbitration the same discovery rights and tools available to litigants in ordinary civil cases before the superior courts, folding the state’s full civil discovery process into what might otherwise look like a stripped-down arbitration proceeding.
Full Text of § 9-9-72
Plain-English Summary
This section is one line long, but it does real work. It ties discovery in a medical malpractice arbitration directly to the discovery law that governs ordinary civil cases in the superior courts, rather than inventing a separate, lighter arbitration process.
That means depositions, interrogatories, requests for documents, and the rest of the state’s civil discovery toolkit remain available to both sides. This is one of the features that sets this statutory medical malpractice track apart from private contractual arbitration, which often narrows discovery to keep the process quick. Here, the parties can build a factual record much like they would in a lawsuit — and the compulsory powers given to the referee under Code Sections 9-9-73 and 9-9-74 make that discovery enforceable.
Frequently Asked Questions
Can parties take discovery in a medical malpractice arbitration?
Yes, in the same manner as provided by law for discovery in civil cases in the superior courts.
Does the arbitration process limit discovery compared to a lawsuit?
No, the statute ties arbitration discovery directly to ordinary superior court civil discovery rather than a reduced version of it.
What law governs the scope of discovery in the arbitration?
The law governing discovery in civil cases in the superior courts.
Who can use discovery under this section?
The parties to the arbitration.
Does this section list specific discovery tools like depositions or interrogatories?
No, it incorporates the superior courts’ civil discovery law by reference rather than naming particular tools.
Amendment History
Code 1933, § 7-413, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-122; Code 1981, § 9-9-72, 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: discovery medical malpractice arbitration georgiadepositions interrogatories arbitration georgiacivil discovery rules arbitration georgiasuperior court discovery medical malpractice