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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.