Document Type
Peach Sheet
Abstract
The Act makes several changes to the provisions relating to the affidavit that must be filed by a plaintiff when suing for professional malpractice. The Act provides that the affidavit requirement also applies in such an action against a licensed healthcare facility alleged to be liable based upon malpractice by a professional. The Act provides for dismissal of professional malpractice claims if the affidavit requirement is not met within forty-five days after filing of the claim or within the time allowed by the court, if the defendant alleges by motion to dismiss filed with its initial responsive pleading, that the plaintiff has failed to file the requisite affidavit. The Act provides that if a plaintiff files the affidavit within the period specified in this Code section, no statute of limitations defense may be raised as long as the original complaint was filed within the statutory period. The Act provides that a plaintiff may cure an alleged defect in his affidavit by amendment within thirty days of service of the motion alleging that the affidavit is defective, or longer if the trial court determines justice so requires. The Act provides a list of professions to which this Code section applies.
Recommended Citation
Georgia State University Law Review,
CIVIL PRACTICE Civil Practice Act: Change Provisions Relating to the Time of Filing an Affidavit that Must Be Filed with the Complaint in Any Action for Damages Alleging Professional Malpractice; Provide for Dismissal of Complaints; Provide for the Curing of Defects; Provide a List of Professions to Which the Affidavit Requirement Applies,
14
Ga. St. U. L. Rev.
(2012).
Available at:
https://readingroom.law.gsu.edu/gsulr/vol14/iss1/40