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Georgia State Code
Title       9
Chapter      11  
Section Navigation        1 ... 9.1        10 ... 18    
    19 ... 28         29 ... 37    
    38 ... 47         48 ... 57    
    58 ... 67         68 ... 77    
    78 ... 101       102 ... 111   
   112 ... 121       122 ... 131   
   132 ... 133     
Section1 2 3 4 5 6 7 8 9 9.1 >>>  
Title 9, Chapter 11, Section 9.1 (9-11-9.1)

(a) In any action for damages alleging professional malpractice against a professional licensed by the State of Georgia and listed in subsection (f) of this Code section or against any licensed health care facility alleged to be liable based upon the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection (f) of this Code section, the plaintiff shall be required to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.

(b) The contemporaneous filing requirement of subsection (a) of this Code section shall not apply to any case in which the period of limitation will expire or there is a good faith basis to believe it will expire on any claim stated in the complaint within ten days of the date of filing and, because of such time constraints, the plaintiff has alleged that an affidavit of an expert could not be prepared. In such cases, the plaintiff shall have 45 days after the filing of the complaint to supplement the pleadings with the affidavit. The trial court may, on motion, after hearing and for good cause extend such time as it shall determine justice requires. If an affidavit is not filed within the period specified in this subsection or as extended by the trial court and the defendant against whom an affidavit should have been filed alleges, by motion to dismiss filed contemporaneously with its initial responsive pleading that the plaintiff has failed to file the requisite affidavit, the complaint is subject to dismissal for failure to state a claim.

(c) This Code section shall not be construed to extend any applicable period of limitation, except that if the affidavit is filed within the period specified in this Code section, the filing of the affidavit after the expiration of the statute of limitations shall be considered timely and shall provide no basis for a statute of limitations defense.

(d) If a plaintiff files an affidavit which is allegedly defective, and the defendant to whom it pertains alleges, with specificity, by motion to dismiss filed contemporaneously with its initial responsive pleading, that said affidavit is defective, the plaintiff's complaint is subject to dismissal for failure to state a claim, except that the plaintiff may cure the alleged defect by amendment pursuant to Code Section 9-11-15 within 30 days of service of the motion alleging that the affidavit is defective. The trial court may, in the exercise of its discretion, extend the time for filing said amendment or response to the motion, or both, as it shall determine justice requires.

(e) If a plaintiff fails to file an affidavit as required by this Code section and the defendant raises the failure to file such an affidavit by motion to dismiss filed contemporaneously with its initial responsive pleading, such complaint shall not be subject to the renewal provisions of Code Section 9-2-61 after the expiration of the applicable period of limitation, unless a court determines that the plaintiff had the requisite affidavit within the time required by this Code section and the failure to file the affidavit was the result of a mistake. (f) The professions to which this Code section applies are:

(1) Architects;

(2) Attorneys at law;

(3) Certified public accountants;

(4) Chiropractors;

(5) Clinical social workers;

(6) Dentists;

(7) Dieticians;

(8) Land surveyors;

(9) Medical doctors;

(10) Marriage and family therapists;

(11) Nurses;

(12) Occupational therapists;

(13) Optometrists;

(14) Osteopathic physicians;

(15) Pharmacists;

(16) Physical therapists;

(17) Physicians' assistants;

(18) Professional counselors;

(19) Professional engineers;

(20) Podiatrists;

(21) Psychologists;

(22) Radiological technicians;

(23) Respiratory therapists; or

(24) Veterinarians.

Saturday May 23 09:15 EDT


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