The expert affidavit requirement in Georgia: O.C.G.A. § 9-11-9.1

A Georgia plaintiff suing a listed professional for malpractice has to file an expert’s sworn affidavit with the complaint. O.C.G.A. § 9-11-9.1(a) requires it to “set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim”. One narrow 45-day exception exists, a defective affidavit can be cured within 30 days, and filing no affidavit at all can cost the right to refile.

Who is covered

Subsection (g) lists the professions. For medical claims, the list includes medical doctors, nurses, osteopathic physicians, physicians’ assistants, pharmacists, physical and occupational therapists, psychologists, dentists, podiatrists, radiological technicians, and respiratory therapists, among others. Legislation in 2026, House Bill 185, changed the dietitian entry in that list as part of a licensing law.

The section also reaches entities. Subsection (a)(2) covers a corporation or other legal entity “alleged to be liable based upon the action or inaction of a professional”, and (a)(3) covers a licensed health care facility in the same position. A hospital sued for its nurse’s conduct therefore falls within the requirement.

What the affidavit must contain

The statute’s demands are short: an expert “competent to testify”, at least one specific negligent act or omission, and the factual basis for each claim. It does not require every theory or a statement about damages. The statute also does not say an affidavit limits a plaintiff’s proof to the acts it lists.

Competence comes from § 24-7-702, and subsection (e) of that section says an affiant must meet its requirements “to be deemed qualified”. Those requirements, including the way they treat specialties and nurses, are on the standard of care expert page.

Three different failures, three different results

What went wrong	What the statute does	Subsection
Affidavit filed but allegedly defective	Dismissal for failure to state a claim, unless cured by amendment within 30 days of service of the motion	(e)
No affidavit, and defendant raises it with its first responsive pleading	Complaint is not subject to renewal under § 9-2-61 after the limitation period, unless a court finds the plaintiff had the affidavit in time and the failure was a mistake	(f)
45-day route used and the affidavit is late, or the attorney's statement is untrue	Dismissal, under the terms of (b)	(b)

The difference between the first two rows matters. A flawed affidavit can be repaired if the plaintiff acts on time, and the court has discretion to extend under (e). A missing affidavit near the end of the limitation period can end the case, because renewal in § 9-2-61 is what would otherwise allow a plaintiff to refile within six months.

The defendant has to raise a defect “with specificity”, by a motion filed “on or before the close of discovery”. So the issue can arise late.

The 45-day exception

Subsection (b) applies only when all of the following are true:

• the limitation period will expire, or there is a good faith basis to believe it will, within ten days of filing;
• the plaintiff has alleged that, because of time constraints, an affidavit could not be prepared;
• the plaintiff’s attorney files an affidavit swearing that the firm “was not retained by the plaintiff more than 90 days prior to the expiration” of the period.

The plaintiff then has 45 days after filing to supplement. The court “shall not extend such time for any reason without consent of all parties”. A patient who hired a lawyer six months before the deadline cannot use the exception, whatever the reason for delay. Under (d), the defendant does not have to answer until 30 days after the affidavit is filed, and no discovery occurs before that answer.

For example, imagine a limitation period that ends on March 31, 2027, and a complaint filed on March 26, 2027. That filing is within the ten-day window, and the 45 days run through May 10, 2027. A firm first retained on January 15, 2027 was retained 75 days before the period ended, so the attorney can swear to the 90-day statement. A firm retained on December 15, 2026 was retained 106 days before it ended, so the exception is closed. The dates are invented to show the count.

Subsection (c) adds that the statute does not otherwise extend any limitation period, which matters for the limitation and repose rules.

Practical order of work

The statute’s timing shapes the work. Records come first, because an expert cannot state a factual basis without them, and the request itself takes time, as covered in the medical records article. The expert’s qualifications are checked against the date of the alleged act, not the date of the affidavit. If more than one profession is involved, multiple experts may be needed.

Scope limits

Not every injury in a hospital is professional malpractice. A claim may be about ordinary negligence. In Deen v. Stevens, 287 Ga. 597 (2010), the Supreme Court examined claims about a medical office’s staff separately, including whether a message-passing failure was malpractice. Whether a particular claim needs an affidavit is decided by what it alleges, and a cautious plaintiff who is unsure can file one. The label on the complaint does not decide the question.

Attorneys should read the current text before relying on a summary. This section’s history includes amendments in 1989, 1997, 2005, 2006, 2007, and 2026.

Sources

• Official Code of Georgia Annotated, November 2022 public release: §§ 9-2-61, 9-11-9.1, 24-7-702
• Legislative Counsel, Summary of General Statutes Enacted, 2026: House Bill 185
• Deen v. Stevens, 287 Ga. 597

This page was last reviewed in November 2026 for general information. Laws and court decisions can change after that date. It is not legal advice and does not create an attorney-client relationship.