The affidavit screens malpractice claims at the door. O.C.G.A. § 9-11-9.1(a) requires a plaintiff to file with the complaint “an affidavit of an expert competent to testify” that sets out “at least one negligent act or omission claimed to exist and the factual basis for each such claim.” The legislature’s purpose is to require some professional support before a defendant has to answer.
The requirement is tied to professions, not to medicine alone and not to all injury cases. Subsection (g) lists them, from medical doctors and nurses to architects, attorneys, land surveyors, and veterinarians. It also reaches entities liable for a listed professional, and licensed health care facilities. A product liability claim isn’t on the list.
The rule has exits, and they carry their own traps:
| Situation | What the statute allows | Trap |
|---|---|---|
| Limitation will expire within 10 days and no time to prepare | 45 days after filing to supply the affidavit, § 9-11-9.1(b) | The law firm must swear it wasn't retained more than 90 days before the deadline |
| Defendant says the affidavit is defective | 30 days to cure by amendment, (e) | The motion must be specific |
| No affidavit filed at all, and defendant moves contemporaneously | Complaint is subject to dismissal | Renewal may be lost after limitations, (f) |
The expert must meet O.C.G.A. § 24-7-702, which has its own requirement of recent practice or teaching in the area. An affidavit is only the threshold. The claim still has to be proved at trial with expert testimony on standard of care and causation.
An ordinary negligence claim against a hospital, such as a wet floor in a lobby, doesn’t need one. The line between ordinary negligence and professional judgment is sometimes litigated, so filing without one is a risk.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.