9-11-9.1
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9-11-9.1.
(a)
In any action for damages alleging professional malpractice against a
professional licensed by the State of Georgia and listed in subsection (d) of
this Code section or against any licensed health care facility alleged to be
liable based upon the action or inaction of a health care professional licensed
by the State of Georgia and listed in subsection (d) of this Code section, the
plaintiff shall be required to file with the complaint an affidavit of an expert
competent to testify, which affidavit shall set forth specifically at least one
negligent act or omission claimed to exist and the factual basis for each such
claim.
(b)
If a plaintiff files an affidavit which is allegedly defective, and the
defendant to whom it pertains alleges, with specificity, by motion to dismiss
filed on or before the close of discovery, that said affidavit is defective, the
plaintiff́s
complaint is subject to dismissal for failure to state a claim, except that the
plaintiff may cure the alleged defect by amendment pursuant to Code Section
9-11-15 within 30 days of service of the motion alleging that the affidavit is
defective. The trial court may, in the exercise of its discretion, extend the
time for filing said amendment or response to the motion, or both, as it shall
determine justice requires.
(c)
If a plaintiff fails to file an affidavit as required by this Code section and
the defendant raises the failure to file such an affidavit by motion to dismiss
filed contemporaneously with its initial responsive pleading, such complaint
shall not be subject to the renewal provisions of Code Section 9-2-61 after the
expiration of the applicable period of limitation, unless a court determines
that the plaintiff had the requisite affidavit within the time required by this
Code section and the failure to file the affidavit was the result of a mistake.
(d)
The professions to which this Code section applies are:
(1)
Architects;
(2)
Attorneys at law;
(3)
Audiologists;
(4)
Certified public accountants;
(5)
Chiropractors;
(6)
Clinical social workers;
(7)
Dentists;
(8)
Dietitians;
(9)
Land surveyors;
(10)
Marriage and family therapists;
(11)
Medical doctors;
(12)
Nurses;
(13)
Occupational therapists;
(14)
Optometrists;
(15)
Osteopathic physicians;
(16)
Pharmacists;
(17)
Physical therapists;
(18)
Physicianś
assistants;
(19)
Podiatrists;
(20)
Professional counselors;
(21)
Professional engineers;
(22)
Psychologists;
(23)
Radiological technicians;
(24)
Respiratory therapists;
(25)
Speech-language pathologists; or
(26)
Veterinarians.