Medical Malpractice In Georgia: What Is An Expert Affidavit?
Did you or a loved one suffer an adverse outcome after receiving medical care in Atlanta? You may have a medical malpractice claim against a doctor, hospital, or other health care provider. Under Georgia law, a plaintiff must have an expert affidavit to proceed with a medical malpractice claim.
In this article, our Atlanta medical malpractice attorney explains the key things to understand about Georgia’s expert affidavit requirement for medical malpractice claims.
Background: Establishing Malpractice Requires Proving Substandard Care
Medical malpractice is a highly technical area of law. Proving that you or your loved one had an adverse outcome after getting professional medical care is not sufficient to prove that you were a victim of malpractice. You must establish that the adverse outcome—injury, illness, or other complications—was caused by the substandard care. For this and other reasons, qualified medical experts play a big role in malpractice cases in Georgia.
Georgia Medical Malpractice Law: Expert Affidavit
Under Georgia law (O.C.G.A. § 9-11-9.1), plaintiffs are legally obligated to present/provide an expert affidavit to proceed with a medical malpractice case. Broadly explained, an expert affidavit is a sworn statement from a qualified medical professional, detailing how the defendant healthcare provider’s actions deviated from the standard of care and led to the patient’s injury. The affidavit must be filed alongside the complaint to substantiate the claim. Failure to provide an expert affidavit within the required timeframe can result in dismissal of the case on technical grounds.
Who Can Provide an Expert Affidavit in a Medical Malpractice Claim in Georgia?
In Georgia, an expert affidavit must be provided by a qualified medical professional who holds expertise in the same field as the defendant healthcare provider. To qualify, the medical expert should have knowledge of the specific standards of care relevant to the case and possess the necessary experience or training to testify credibly. In other words, the expert’s qualifications must be verifiable, ensuring that their opinion on the alleged malpractice holds weight and is supported by a solid professional background.
An Attorney Can Help You Navigate Georgia’s Complex Medical Malpractice Laws
Medical malpractice cases are among the most complex. You do not have to navigate the process alone. An experienced Atlanta, GA medical malpractice attorney is an invaluable resource. Your lawyer can guide you through the legal process, ensuring compliance with all requirements, including the expert affidavit. Notably, the right medical malpractice attorney will have access to a network of qualified medical professionals and can help connect you with the appropriate expert witness for your case.
Contact Our Atlanta Medical Malpractice Lawyer for Immediate Help
At The Moses Firm, our Atlanta medical malpractice attorney is committed to delivering exceptional legal representation. If you have any questions about expert affidavits in malpractice claims, our law firm is here to help. Contact us today to set up a free, no obligation consultation. From our Atlanta law office, we handle medical malpractice claims throughout the region.