UPDATE! Georgia’s Expert Affidavit Requirement: Georgia Supreme Court Set to Weigh In on the Right to Cure Defects


By: Michael Eshman  
We recently reported on the Georgia Court of Appeals ruling that recognized a broad right to cure defects in the affidavit required in professional malpractice actions in Georgia, which included the right to get a new, competent expert to provide a new affidavit with an amended complaint.  The book is not closed on this issue.  The Georgia Supreme Court recently granted a writ of certiorari to consider this issue and will hear oral argument in September.  The Court stated that it is particularly concerned with the following issue:
In a professional malpractice action, where the plaintiff files his complaint with an affidavit by a person not competent to testify as an expert in the action, does O.C.G.A. § 9-11-9.1(e) permit the plaintiff to cure the defect by filing an amended complaint with an affidavit by a competent expert?
The case at issue is a medical malpractice action, but the issue to be addressed by the Georgia Supreme Court will have a broader impact on all professional malpractice actions in Georgia.