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Medical Malpractice Law

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Immunities?

Georgia has waived its sovereign immunity. This waiver applies to all actions within the scope of an employee’s duty. However, this waiver is limited by many exceptions. There is a one­year limitation period for claims against the state. The Georgia Constitution allows the General Assembly to waive the immunity of counties, municipalities, and school districts. Any action against the state the claimant’s recovery is limited to $1,000,000 and aggregate liability per occurrence cannot exceed $3,000,000. There is also a provision for a Tort Claims Trust Fund.