A Georgia professional malpractice case, including medical malpractice, generally requires filing an expert affidavit with the complaint under O.C.G.A. 9-11-9.1. The requirement screens such claims at the outset by demanding early expert support.
It is filed with the complaint. The statute requires a qualified expert’s affidavit at the time the complaint is filed, not at some later stage, placing the expert’s review at the very start. A claim filed without it can be dismissed on that ground alone.
It must name a negligent act. An affidavit stating only that care was generally poor will not satisfy the rule; it must identify at least one specific act or omission and the basis for calling it negligent. An affidavit pointing to a specific misread scan, for example, meets this where a general complaint of poor care would not. That specificity is what gives the requirement its screening force.
It reaches listed professionals. The rule applies to malpractice claims against certain licensed professionals, tying the affidavit to the professional character of the claim. Which claims fall within it depends on that list.
Its reach extends past medicine. The same affidavit requirement covers product liability claims as well, so its screening role is not confined to the medical setting, and a complaint that omits the affidavit where one is required can be dismissed before discovery begins.
The expert affidavit requirement turns on filing with the complaint, naming a negligent act, and reaching listed professionals. By forcing an expert basis at the very start, it filters out claims that cannot muster early professional support to back them.