9-11-8.
(a) Claims for relief.
(1) 'ACTION FOR MEDICAL MALPRACTICE' DEFINED. As used in
this Code section, the term 'action for medical malpractice' means any
claim for damages resulting from the death of or injury to any person
arising out of:
(A) Health, medical, dental, or surgical service,
diagnosis, prescription, treatment, or care rendered by a person
authorized by law to perform such services or by any person acting under
the supervision and control of a lawfully authorized person; or
(B) Care or service rendered by any public or private
hospital, nursing home, clinic, hospital authority, facility, or
institution, or by any officer, agent, or employee thereof acting within
the scope of his employment.
(2) FORM OF COMPLAINT, GENERALLY; ACTION FOR MALPRACTICE.
An original complaint shall contain facts upon which the court's venue
depends; and any pleading which sets forth a claim for relief, whether an
original claim, counterclaim, a cross-claim, or a third-party claim, shall
contain:
(A) A short and plain statement of the claims showing that
the pleader is entitled to relief; and
(B) A demand for judgment for the relief to which the
pleader deems himself entitled; provided, however, that in actions for
medical malpractice, as defined in this Code section, in which a claim for
unliquidated damages is made for $10,000.00 or less, the pleadings shall
contain a demand for judgment in a sum certain; and, in actions for
medical malpractice in which a claim for unliquidated damages is made for
a sum exceeding $10,000.00, the demand for judgment shall state that the
pleader 'demands judgment in excess of $10,000.00,' and no further
monetary amount shall be stated.
Relief in the alternative or of several different types may
be demanded.
(3) SANCTIONS. If the provisions of subparagraph (B) of
paragraph (2) of this subsection are violated, the court in which the
action is pending shall, upon a proper motion, strike the improper portion
of the demand for judgment and may impose such other sanctions, including
disciplinary action against the attorney, found in Code Section 9-11-37 as
are appropriate.
(b) Defenses; form of denials. A party shall state
in short and plain terms his defenses to each claim asserted and shall
admit or deny the averments upon which the adverse party relies. If he is
without knowledge or information sufficient to form a belief as to the
truth of an averment, he shall so state, and this has the effect of a
denial. Denials shall fairly meet the substance of the averments denied.
When a pleader intends in good faith to deny only a part or a
qualification of an averment, he shall specify so much of it as is true
and material and shall deny only the remainder. Unless the pleader intends
in good faith to controvert all the averments of the preceding pleading,
he may make his denials as specific denials of designated averments or
paragraphs, or he may generally deny all the averments except such
designated averments or paragraphs as he expressly admits; but, when he
does so intend to controvert all its averments, he may do so by general
denial subject to the obligations set forth in Code Section 9-11-11.
(c) Affirmative defenses. In pleading to a preceding
pleading, a party shall set forth affirmatively accord and satisfaction,
arbitration and award, discharge in bankruptcy, duress, estoppel, failure
of consideration, fraud, illegality, injury by fellow servant, laches,
license, payment, release, res judicata, statute of frauds, statute of
limitations, and waiver. When a party has mistakenly designated a defense
as a counterclaim or a counterclaim as a defense, the court on terms, if
justice so requires, shall treat the pleadings as if there had been a
proper designation.
(d) Effect of failure to deny. Averments in a
pleading to which a responsive pleading is required, other than those as
to the amount of damage, are admitted when not denied in the responsive
pleading. Averments in a pleading to which no responsive pleading is
required or permitted shall be taken as denied or avoided.
(e) Pleading to be concise and direct; alternative
statements.
(1) Each averment of a pleading shall be simple, concise,
and direct. No technical forms of pleading or motions are required.
(2) A party may set forth two or more statements of a claim
or defense alternatively or hypothetically, either in one count or defense
or in separate counts or defenses. When two or more statements are made in
the alternative and one of them, if made independently, would be
sufficient, the pleading is not made insufficient by the insufficiency of
one or more of the alternative statements. A party may also state as many
separate claims or defenses as he has, regardless of consistency and
whether based on legal or on equitable grounds or on both. All statements
shall be made subject to the obligations set forth in Code Section
9-11-11.
(f) Construction of pleadings. All pleadings shall
be so construed as to do substantial justice.
