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HB 0221 - Professional malpractice charges; affidavit; change certain provisions

Tracking Level: Passed
Sponsor: Heard,John 104th
Last Action: 5/18/2007 - House Date Signed by Governor
House Committee: Judy
Senate Committee: JUDY
Assigned To:
05. Superior CourtsNext Bill
06. State CourtsNext Bill

Staff Analysis of the Legislation

Amend 9-11-9.1.  In any action for damages alleging professional malpractice against a domestic or foreign partnership, corporation, professional corporation, business trust, general partnership, limited partnership, limited liability company, limited liability partnership, association, or any other legal entity alleged to be liable based upon the action or inaction of a professional licensed by the State of Georgia 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. The affidavit filing requirement shall not apply to any case in which the period of limitation will expire or there is a good faith basis to believe it will expire on any claim stated in the complaint within ten days of the date of filing the complaint and, because of time constraints, the plaintiff has alleged that an affidavit of an expert could not be prepared. In such cases, if the attorney for the plaintiff files with the complaint an affidavit in which the attorney swears or affirms that his or he r law firm was not retained by the plaintiff more than 90 days prior to the expiration of the period of limitation on the plaintiff�s claim or claims, the plaintiff shall have 45 days after the filing of the complaint to supplement the pleadings with the affidavit. The trial court shall not extend such time for any reason without consent of all parties. If either affidavit is not filed within the periods specified, or it is determined that the law firm of the attorney who filed the affidavit permitted in lieu of the filing of an expert affidavit or any attorney who appears on the pleadings was retained by the plaintiff more than 90 days prior to the expiration of the period of limitation, the complaint shall be dismissed for failure to state a claim.

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