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.
History. Code 1981, § 9-11-9.1 , enacted by Ga. L. 1987, p. 887, § 3; Ga. L. 1989, p. 419, § 3; Ga. L. 1997, p. 916, § 1; Ga. L. 2005, p. 1, § 3/SB 3; Ga. L. 2006, p. 72, § 9/SB 465; Ga. L. 2007, p. 216, § 1/HB 221.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2002, “Dietitians” was substituted for “Dieticians” in paragraph (f)(7) (now paragraph (g)(8)).
Editor’s notes.
Ga. L. 1997, p. 916, § 2, not codified by the General Assembly, provides that the amendment to this Code section applies to actions filed on or after July 1, 1997.
Ga. L. 2005, p. 1, § 1/SB 3, not codified by the General Assembly, provides that: “The General Assembly finds that there presently exists a crisis affecting the provision and quality of health care services in this state. Hospitals and other health care providers in this state are having increasing difficulty in locating liability insurance and, when such hospitals and providers are able to locate such insurance, the insurance is extremely costly. The result of this crisis is the potential for a diminution of the availability of access to health care services and a resulting adverse impact on the health and well-being of the citizens of this state. The General Assembly further finds that certain civil justice and health care regulatory reforms as provided in this Act will promote predictability and improvement in the provision of quality health care services and the resolution of health care liability claims and will thereby assist in promoting the provision of health care liability insurance by insurance providers. The General Assembly further finds that certain needed reforms affect not only health care liability claims but also other civil actions and accordingly provides such general reforms in this Act.”
Ga. L. 2007, p. 216, § 3/HB 221, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2007, and shall apply to any action filed on or after July 1, 2007.”
Law reviews.
For annual survey of tort law, see 41 Mercer L. Rev. 355 (1989).
For annual survey on law of torts, see 42 Mercer L. Rev. 431 (1990).
For annual survey on trial practice and procedure, see 42 Mercer L. Rev. 469 (1990).
For annual survey on law of torts, see 43 Mercer L. Rev. 395 (1991).
For article, “The Application of § 9-11-9.1 to Malpractice Actions in Federal Court,” see 28 Ga. St. B.J. 212 (1992).
For annual survey on legal ethics, see 44 Mercer L. Rev. 281 (1992).
For annual survey of law of torts, see 44 Mercer L. Rev. 375 (1992).
For annual survey article on the law of torts, see 45 Mercer L. Rev. 403 (1993).
For article, “Georgia’s Professional Malpractice Affidavit Requirement,” see 31 Ga. L. Rev. 1031 (1997).
For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 4 (1997).
For annual survey article discussing legal ethics, see 51 Mercer L. Rev. 353 (1999).
For annual survey article on legal ethics, see 52 Mercer L. Rev. 323 (2000).
For article, “Construction Law,” see 53 Mercer L. Rev. 173 (2001).
For article, “Trial Practice and Procedure,” see 53 Mercer L. Rev. 475 (2001).
For survey article on trial practice and procedure for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 439 (2003).
For annual survey article on legal ethics, see 56 Mercer L. Rev. 315 (2004).
For annual survey of trial practice and procedure, see 56 Mercer L. Rev. 433 (2004).
For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 221 (2005).
For article, “Georgia’s New Expert Witness Rule: Daubert and More,” see 11 Ga. St. B.J. 16 (2005).
For annual survey of construction law, see 57 Mercer L. Rev. 79 (2005).
For annual survey of legal ethics decisions, see 57 Mercer L. Rev. 273 (2005).
For annual survey of trial practice and procedure, see 57 Mercer L. Rev. 381 (2005).
For annual survey of evidence law, see 58 Mercer L. Rev. 151 (2006).
For survey article on evidence law, see 59 Mercer L. Rev. 157 (2007).
For survey article on legal ethics, see 59 Mercer L. Rev. 253 (2007).
For survey article on law of torts, see 59 Mercer L. Rev. 397 (2007).
For survey article on trial practice and procedure, see 59 Mercer L. Rev. 423 (2007).
For survey article on evidence law, see 60 Mercer L. Rev. 135 (2008).
For annual survey on evidence, see 61 Mercer L. Rev. 135 (2009).
For annual survey on trial practice and procedure, see 61 Mercer L. Rev. 363 (2009).
For annual survey of law on trial practice and procedure, see 62 Mercer L. Rev. 339 (2010).
For annual survey on real property, see 66 Mercer L. Rev. 151 (2014).
For article, “Fisher v. Gala: O.C.G.A. § 9-11-9.1(e) Keeping Malpractice Claims Afloat,” see 66 Mercer L. Rev. 817 (2015).
For annual survey of tort laws, see 67 Mercer L. Rev. 237 (2015).
For annual survey on construction law, see 69 Mercer L. Rev. 63 (2017).
For article with annual survey on construction law, see 73 Mercer L. Rev. 59 (2021).
For note, “Hewitt v. Kalish: Qualifying as an ‘Expert Competent to Testify’ Under O.C.G.A. Section 9-11-9.1,” see 46 Mercer L. Rev. 1537 (1995).
For note, “Forty-Eight States are Probably Not Wrong: An Argument for Modernizing Georgia’s Legal Malpractice Statute of Limitations,” see 33 Ga. St. U.L. Rev. 805 (2017).
For comment, “Brown v. Nichols: The Eleventh Circuit Refuses to Play the Erie Game with Georgia’s Expert Affidavit Requirement,” see 29 Ga. L. Rev. 291 (1994).
For comment, “Where Do We Go From Here? The Future of Caps on Noneconomic Medical Malpractice Damages in Georgia,” see 28 Ga. St. U.L. Rev. 1341 (2012).
Structure Georgia Code
Chapter 11 - Civil Practice Act
Article 3 - Pleadings and Motions
§ 9-11-7. Pleadings Allowed; Form of Motions
§ 9-11-8. General Rules of Pleading
§ 9-11-9. Pleading Special Matters
§ 9-11-9.1. Affidavit to Accompany Charge of Professional Malpractice
§ 9-11-9.2. Medical Authorization Forms; Review of Protected Health Information
§ 9-11-11. Signing of Pleadings; When Verification Required; Rule Abolished
§ 9-11-13. Counterclaim and Cross-Claim
§ 9-11-14. Third-Party Practice
§ 9-11-15. Amended and Supplemental Pleadings
§ 9-11-16. Pretrial Procedure; Formulating Issues; Order; Calendar