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) Dietitians;
(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.
