§ 9-11-9.1.Affidavit to accompany charge of professional malpractice
Chapter 11. Civil Practice Act · Article 3. Pleadings and Motions · Last amended 2026 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-11-9.1 requires a plaintiff suing a licensed professional, an entity liable for a licensed professional's conduct, or a licensed health care facility for professional malpractice to file an expert affidavit identifying at least one negligent act with the complaint (or, in limitations-driven emergencies, shortly after), on pain of dismissal for failure to state a claim if the affidavit is missing or successfully challenged as defective.
(a)In any action for damages alleging professional malpractice against:
(1)A professional licensed by the State of Georgia and listed in subsection (g) of this Code section;
(2)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 and listed in subsection (g) of this Code section; or
(3)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 (g) 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)The contemporaneous affidavit filing requirement pursuant to subsection (a) of this Code section 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 her 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 in this Code section, or it is determined that the law firm of the attorney who filed the affidavit permitted in lieu of the contemporaneous 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.
(c)This Code section shall not be construed to extend any applicable period of limitation, except that if the affidavits are filed within the periods specified in this Code section, the filing of the affidavit of an expert after the expiration of the period of limitations shall be considered timely and shall provide no basis for a statute of limitations defense.
(d)If a complaint alleging professional malpractice is filed without the contemporaneous filing of an affidavit as permitted by subsection (b) of this Code section, the defendant shall not be required to file an answer to the complaint until 30 days after the filing of the affidavit of an expert, and no discovery shall take place until after the filing of the answer.
(e)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 plaintiff’s complaint shall be 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.
(f)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.
(g)The professions to which this Code section shall apply are:
(1)Architects;
(2)Attorneys at law;
(3)Audiologists;
(4)Certified public accountants;
(5)Chiropractors;
(6)Clinical social workers;
(7)Dentists;
(8)Licensed dietitians or licensed nutritionists;
(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)Physicians’ assistants;
(19)Podiatrists;
(20)Professional counselors;
(21)Professional engineers;
(22)Psychologists;
(23)Radiological technicians;
(24)Respiratory therapists;
(25)Speech-language pathologists; or
(26)Veterinarians.
Plain-English Summary
Malpractice claims against licensed professionals get a gatekeeping requirement most other Georgia lawsuits don’t face. When a plaintiff sues a professional listed in subsection (g) — a group spanning attorneys, physicians, nurses, engineers, architects, psychologists, and 20 other licensed occupations — or an entity or health care facility liable for that professional’s conduct, the plaintiff must file an expert affidavit along with the complaint. That affidavit has to come from an expert competent to testify and has to specifically identify at least one negligent act or omission and the facts behind it.
Subsection (b) carves out a narrow escape hatch for cases where the limitations period is about to run: if the statute of limitations will expire, or the plaintiff has a good-faith basis to believe it will expire, within ten days of filing, and time pressure kept an expert affidavit from being ready, the plaintiff’s attorney can file an affidavit swearing the firm wasn’t retained more than 90 days before the deadline. That buys 45 days to supplement the complaint with the expert affidavit — a deadline the trial court cannot extend without every party’s consent. Miss either affidavit deadline, or the retention-timing swears out to be false, and the complaint is dismissed for failure to state a claim.
Filing within these windows doesn’t extend the underlying limitations period, but an affidavit filed inside the statute’s own deadlines counts as timely even if the limitations period has technically run by then. If the complaint is filed without a contemporaneous affidavit under the emergency provision, the defendant doesn’t have to answer until 30 days after the affidavit shows up, and discovery waits until the answer is filed. A defendant who thinks a filed affidavit is defective can challenge it by a motion to dismiss filed on or before the close of discovery; the plaintiff then gets 30 days from service of that motion to cure the defect by amendment, a period the court may extend in its discretion. And a plaintiff who never files the required affidavit, where the defendant raises the omission by motion to dismiss filed with its first responsive pleading, can lose access to Georgia’s renewal statute for refiling the case after the limitations period runs, unless the plaintiff shows both that a qualifying affidavit existed within the time this section required and that only the act of filing it was overlooked by mistake.
Frequently Asked Questions
Who has to file an expert affidavit with a Georgia malpractice complaint?
A plaintiff suing a professional licensed by Georgia and listed in subsection (g), an entity or business alleged to be liable for that professional's action or inaction, or a licensed health care facility liable for a covered health care professional's conduct.
What has to be in the expert affidavit under O.C.G.A. § 9-11-9.1?
It must come from an expert competent to testify and must set forth specifically at least one negligent act or omission claimed to exist, along with the factual basis for that claim.
Can I file a Georgia malpractice complaint without the expert affidavit if the statute of limitations is about to run?
Only under the narrow exception in subsection (b) — if limitations will expire within ten days and time constraints prevented preparing the affidavit, the attorney files a retention-timing affidavit instead, and the plaintiff then has 45 days to supplement with the expert affidavit.
What happens if a plaintiff never files the required affidavit?
The complaint is subject to dismissal for failure to state a claim, and if the defendant raises the omission with its initial responsive pleading, the case may also lose access to Georgia's renewal statute after the limitations period expires.
Can a defendant challenge an affidavit that was filed but is defective?
Yes, by a motion to dismiss filed with specificity on or before the close of discovery; the plaintiff then has 30 days from service of that motion to cure the defect by amendment, subject to the court's discretion to extend that time.
Amendment History
Code 1981, § 9-11-9.1, enacted by Ga. L. 1987, p. 887, § 3; Ga. L. 1989, p. 419, § 3; Ga. L. 1997, p. 916, § 1; Ga. L. 2005, p. 1, § 3/SB 3; Ga. L. 2006, p. 72, § 9/SB 465; Ga. L. 2007, p. 216, § 1/HB 221; Ga. L. 2026, p. 226, § 2-1/HB 185, effective May 11, 2026.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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