Due to the sensitive and complex nature of medical malpractice cases, Georgia law imposes an expert affidavit requirement when filing a lawsuit directly against a healthcare provider. An attorney must file this affidavit with the court in addition to the actual medical malpractice complaint. Specifically, a qualified medical expert with has the necessary qualifications to testify in a court of law must complete the affidavit.
In addition, the qualified medical expert must be in a position to provide sufficient evidence that demonstrates the defendant doctor committed a minimum of one act of negligence. Finally, the medical affidavit must describe the factual basis for the expert’s allegation against the defendant healthcare provider.
In rare instances, the court will grant a 45-day affidavit filing extension. However, a court will only agree to this extension if the patient only recently hired an attorney, the case-filing deadline is approaching quickly, and there was insufficient time for the affidavit to be prepared and filed along with the complaint.
One cannot overstate the importance of filing the expert affidavit at the same time the medical malpractice complaint is submitted. If an affidavit does not accompany the actual complaint, then the defendant doctor’s attorney may file a motion to dismiss your complaint, something that the court may ultimately grant. The experienced Atlanta medical malpractice lawyers at Brauns Law Accident Injury Lawyers, PC will ensure that an affidavit is filed correctly along with the complaint in your medical malpractice case.
