expert affidavit requirement (Georgia) · Go Syfert
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expert affidavit requirement in Georgia

23 Georgia opinions name it 2 courts 1991–2024 5 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (25)

CaseFollowedCited
Labovitz v. Hopkinsongreen
ga · 1999 · cited in 5 Georgia opinions naming this issue, 2003–2024
2 sentences

2022Those claims grounded on a professional’s intentional acts . . . are not required to be accompanied by an expert affidavit.”5 As Wise’s inverse condemnation claim is 3 See Estate of Nixon v. Barber, 340 Ga. App. 103, 105 (1) ( 796 SE2d 489 ) (2017) (affirming grant of motion to dismiss under “right for any reason” doctrine). 4 See OCGA § 9-11-9.1 (g) (21) (listing professional engineers as a category to which the code section applies). 5 Labovitz v. Hopkinson, 271 Ga. 330, 335-337 (3) ( 519 SE2d 672 ) (1999). 5 premised on the Appellees’ intentional acts giving rise to an alleged nuisance, and

2022Those claims grounded on a professional’s intentional acts . . . are not required to be accompanied by an expert affidavit.”5 As Wise’s inverse condemnation claim is 3 See Estate of Nixon v. Barber, 340 Ga. App. 103, 105 (1) ( 796 SE2d 489 ) (2017) (affirming grant of motion to dismiss under “right for any reason” doctrine). 4 See OCGA § 9-11-9.1 (g) (21) (listing professional engineers as a category to which the code section applies). 5 Labovitz v. Hopkinson, 271 Ga. 330, 335-337 (3) ( 519 SE2d 672 ) (1999). 5 premised on the Appellees’ intentional acts giving rise to an alleged nuisance, and

45
Minnix v. Department of Transportationgreen
ga · 2000 · cited in 4 Georgia opinions naming this issue, 2000–2024
2 sentences

2024Pursuant to OCGA § 9-11-9.1 (a), a plaintiff who brings a claim alleging professional negligence against a “professional licensed by the State of Georgia and listed in subsection (g) of this Code section . . . [or] [a]ny 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 subjection (g) of this Code Section,” must file an expert affidavit with his or her complaint.1 See Minnix v. Dept. of Transp., 272 Ga. 566, 567 ( 533 SE2d 75 ) (2000) (explaining that the expert affidavit requirement

2024Pursuant to OCGA § 9-11-9.1 (a), a plaintiff who brings a claim alleging professional negligence against a “professional licensed by the State of Georgia and listed in subsection (g) of this Code section . . . [or] [a]ny 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 subjection (g) of this Code Section,” must file an expert affidavit with his or her complaint.1 See Minnix v. Dept. of Transp., 272 Ga. 566, 567 ( 533 SE2d 75 ) (2000) (explaining that the expert affidavit requirement

24
Oglethorpe Power Corp. v. Forristergreen
ga · 2011 · cited in 2 Georgia opinions naming this issue, 2023–2023
2 sentences

2023The statute of limitation begins to run against such a claim upon the creation of the nuisance once some portion of the harm becomes observable.’” Wise, 363 Ga. App. at 328 (1) (quoting Oglethorpe ————————————————————— 3 In reaching this conclusion, the Court of Appeals explained that, because Wise’s claim for inverse condemnation by permanent nuisance was “premised on the Appellees’ intentional acts giving rise to an alleged nuisance” — not on claims of negligence — “the requirement of OCGA § 9-11-9.1 to file an expert affidavit when a claim alleges damages for professional negligence [was] i

2023The statute of limitation begins to run against such a claim upon the creation of the nuisance once some portion of the harm becomes observable.’” Wise, 363 Ga. App. at 328 (1) (quoting Oglethorpe ————————————————————— 3 In reaching this conclusion, the Court of Appeals explained that, because Wise’s claim for inverse condemnation by permanent nuisance was “premised on the Appellees’ intentional acts giving rise to an alleged nuisance” — not on claims of negligence — “the requirement of OCGA § 9-11-9.1 to file an expert affidavit when a claim alleges damages for professional negligence [was] i

22
Smith v. Harrisgreen
gactapp · 2008 · cited in 2 Georgia opinions naming this issue, 2014–2014
2 sentences

2014In determining that the two professions were not the same, this Court relied upon OCGA § 9-11-9.1 (g), which lists the professions to which the expert affidavit requirement for malpractice actions applies, and we noted that “medical doctors” and “pharmacists” are enumerated separately. 294 Ga. App. at 336-337 (1).

2014In determining that the two professions were not the same, this Court relied upon OCGA § 9-11-9.1 (g), which lists the professions to which the expert affidavit requirement for malpractice actions applies, and we noted that “medical doctors” and “pharmacists” are enumerated separately. 294 Ga. App. at 336-337 (1).

22
Ball v. Jonesgreen
gactapp · 2009 · cited in 2 Georgia opinions naming this issue, 2014–2014
2 sentences

2014Later, in Ball v. Jones, 301 Ga. App. 340, 341 ( 687 SE2d 625 ) (2009), this Court likewise held that a nurse could not give expert testimony at trial against a licensed physical therapist because OCGA § 9-11-9.1 explicitly categorized nurses and physical therapists as practicing separate professions.

2014Later, in Ball v. Jones, 301 Ga. App. 340, 341 ( 687 SE2d 625 ) (2009), this Court likewise held that a nurse could not give expert testimony at trial against a licensed physical therapist because OCGA § 9-11-9.1 explicitly categorized nurses and physical therapists as practicing separate professions.

22
Roberson v. Northrupgreen
gactapp · 2010 · cited in 2 Georgia opinions naming this issue, 2012–2012
2 sentences

2012See Roberson v. Northrup, 302 Ga. App. 405, 406 ( 691 SE2d 547 ) (2010).

2012See Roberson v. Northrup, 302 Ga. App. 405, 406 ( 691 SE2d 547 ) (2010).

22
Sembler Atlanta Development I, LLC v. URS/Dames & Moore, Inc.green
gactapp · 2004 · cited in 2 Georgia opinions naming this issue, 2019–2024
2 sentences

2024I, LLC v. URS/Dames & Moore, Inc., 268 Ga. App. 7, 9 ( 601 SE2d 397 ) (2004) (explaining that, by its specific terms, OCGA § 9-11-9.1 (a) limits the expert affidavit requirement to professional malpractice suits against members of one of the enumerated professions or the employer of same when the employer’s liability is predicated on the professional negligence of such employee).

2024I, LLC v. URS/Dames & Moore, Inc., 268 Ga. App. 7, 9 ( 601 SE2d 397 ) (2004) (explaining that, by its specific terms, OCGA § 9-11-9.1 (a) limits the expert affidavit requirement to professional malpractice suits against members of one of the enumerated professions or the employer of same when the employer’s liability is predicated on the professional negligence of such employee).

12
Brown v. Tift Health Care, Inc.green
gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2024–2024
1 sentence

2024See generally Labovitz v. Hopkinson, 271 Ga. 330, 336 (III) ( 519 SE2d 672 ) (1999) (explaining that OCGA § 9-11-9.1 is limited to claims grounded in professional negligence); Brown, 279 Ga. App. at 166 (explaining that the OCGA § 9-11-9.1 expert affidavit requirement applies in cases centered on “the defendant’s compliance with a professional standard of conduct”).

11
Zephaniah v. Georgia Clinic, P.C.green
gactapp · 2019 · cited in 1 Georgia opinions naming this issue, 2024–2024
1 sentence

2024Zephaniah, 350 Ga. App. at 413 (2).

11
Upson County Hospital, Inc. v. Headgreen
gactapp · 2000 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024Upson County Hosp. v. Head, 246 Ga. App. 386, 390 (1) ( 540 SE2d 626 ) (2000).

2024Upson County Hosp. v. Head, 246 Ga. App. 386, 390 (1) ( 540 SE2d 626 ) (2000).

11
The Estate of Robert Hunter Nixon v. W. Keith Barbergreen
gactapp · 2017 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022Those claims grounded on a professional’s intentional acts . . . are not required to be accompanied by an expert affidavit.”5 As Wise’s inverse condemnation claim is 3 See Estate of Nixon v. Barber, 340 Ga. App. 103, 105 (1) ( 796 SE2d 489 ) (2017) (affirming grant of motion to dismiss under “right for any reason” doctrine). 4 See OCGA § 9-11-9.1 (g) (21) (listing professional engineers as a category to which the code section applies). 5 Labovitz v. Hopkinson, 271 Ga. 330, 335-337 (3) ( 519 SE2d 672 ) (1999). 5 premised on the Appellees’ intentional acts giving rise to an alleged nuisance, and

2022Those claims grounded on a professional’s intentional acts . . . are not required to be accompanied by an expert affidavit.”5 As Wise’s inverse condemnation claim is 3 See Estate of Nixon v. Barber, 340 Ga. App. 103, 105 (1) ( 796 SE2d 489 ) (2017) (affirming grant of motion to dismiss under “right for any reason” doctrine). 4 See OCGA § 9-11-9.1 (g) (21) (listing professional engineers as a category to which the code section applies). 5 Labovitz v. Hopkinson, 271 Ga. 330, 335-337 (3) ( 519 SE2d 672 ) (1999). 5 premised on the Appellees’ intentional acts giving rise to an alleged nuisance, and

11
Walker v. Wallisgreen
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019I, LLC v. URS/Dames & Moore, Inc. , 268 Ga. App. 7 , 9, 601 S.E.2d 397 (2004) (noting that, by its specific terms, OCGA § 9-11-9.1 (a) limits the expert affidavit requirement to professional malpractice suits against members of one of the enumerated professions or the employer of same when the employer's liability is predicated on the professional negligence of such employee). 17 Walker v. Wallis , 289 Ga. App. 676 , 678, 658 S.E.2d 217 (2008) ; see Labovitz v. Hopkinson , 271 Ga. 330 , 334-35 (3), 519 S.E.2d 672 (1999) (holding that the expert affidavit requirement for complaints alleging cla

2019I, LLC v. URS/Dames & Moore, Inc. , 268 Ga. App. 7 , 9, 601 S.E.2d 397 (2004) (noting that, by its specific terms, OCGA § 9-11-9.1 (a) limits the expert affidavit requirement to professional malpractice suits against members of one of the enumerated professions or the employer of same when the employer's liability is predicated on the professional negligence of such employee). 17 Walker v. Wallis , 289 Ga. App. 676 , 678, 658 S.E.2d 217 (2008) ; see Labovitz v. Hopkinson , 271 Ga. 330 , 334-35 (3), 519 S.E.2d 672 (1999) (holding that the expert affidavit requirement for complaints alleging cla

11
Hobbs v. Great Expressions Dental Centers of Georgia, P.C.green
gactapp · 2016 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019I, LLC v. URS/Dames & Moore, Inc. , 268 Ga. App. 7 , 9, 601 S.E.2d 397 (2004) (noting that, by its specific terms, OCGA § 9-11-9.1 (a) limits the expert affidavit requirement to professional malpractice suits against members of one of the enumerated professions or the employer of same when the employer's liability is predicated on the professional negligence of such employee). 17 Walker v. Wallis , 289 Ga. App. 676 , 678, 658 S.E.2d 217 (2008) ; see Labovitz v. Hopkinson , 271 Ga. 330 , 334-35 (3), 519 S.E.2d 672 (1999) (holding that the expert affidavit requirement for complaints alleging cla

2019I, LLC v. URS/Dames & Moore, Inc. , 268 Ga. App. 7 , 9, 601 S.E.2d 397 (2004) (noting that, by its specific terms, OCGA § 9-11-9.1 (a) limits the expert affidavit requirement to professional malpractice suits against members of one of the enumerated professions or the employer of same when the employer's liability is predicated on the professional negligence of such employee). 17 Walker v. Wallis , 289 Ga. App. 676 , 678, 658 S.E.2d 217 (2008) ; see Labovitz v. Hopkinson , 271 Ga. 330 , 334-35 (3), 519 S.E.2d 672 (1999) (holding that the expert affidavit requirement for complaints alleging cla

11
DOCTORS HOSPITAL OF AUGUSTA, LLC Et Al. v. ALICEAgreen
gactapp · 2015 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019Sys. of Ga. , 316 Ga. App. 759 , 762-63 (1) (a), 730 S.E.2d 475 (2012) (punctuation omitted); accord Doctors Hosp. of Augusta, LLC v. Alicea , 332 Ga. App. 529 , 544 (3), 774 S.E.2d 114 (2015). 20 See Oduok v. Fulton DeKalb Hosp.

2019Sys. of Ga. , 316 Ga. App. 759 , 762-63 (1) (a), 730 S.E.2d 475 (2012) (punctuation omitted); accord Doctors Hosp. of Augusta, LLC v. Alicea , 332 Ga. App. 529 , 544 (3), 774 S.E.2d 114 (2015). 20 See Oduok v. Fulton DeKalb Hosp.

11
Crawford v. Johnsongreen
gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 2016–2016
2 sentences

2016Fortson, 313 *249 Ga. App. at 328 (although complaint stated various causes of action, expert affidavit required because substance of complaint raised only claim for professional negligence); Hodge v. Jennings Mill, Ltd., 215 Ga. App. 507, 509 ( 451 SE2d 66 ) (1994) (trial court erred by denying motion to dismiss breach of contract claim “to the extent it sounded in malpractice”); Crawford v. Johnson, 227 Ga. App. 548, 551 (2) (a) ( 489 SE2d 552 ) (1997) (Regardless of nomenclature, claim asserted by a plaintiff that is predicated on allegations “that the defendant-professional ... rendered ne

2016Fortson, 313 *249 Ga. App. at 328 (although complaint stated various causes of action, expert affidavit required because substance of complaint raised only claim for professional negligence); Hodge v. Jennings Mill, Ltd., 215 Ga. App. 507, 509 ( 451 SE2d 66 ) (1994) (trial court erred by denying motion to dismiss breach of contract claim “to the extent it sounded in malpractice”); Crawford v. Johnson, 227 Ga. App. 548, 551 (2) (a) ( 489 SE2d 552 ) (1997) (Regardless of nomenclature, claim asserted by a plaintiff that is predicated on allegations “that the defendant-professional ... rendered ne

11
Hodge v. Jennings Mill, Ltd.green
gactapp · 1994 · cited in 1 Georgia opinions naming this issue, 2016–2016
2 sentences

2016Fortson, 313 *249 Ga. App. at 328 (although complaint stated various causes of action, expert affidavit required because substance of complaint raised only claim for professional negligence); Hodge v. Jennings Mill, Ltd., 215 Ga. App. 507, 509 ( 451 SE2d 66 ) (1994) (trial court erred by denying motion to dismiss breach of contract claim “to the extent it sounded in malpractice”); Crawford v. Johnson, 227 Ga. App. 548, 551 (2) (a) ( 489 SE2d 552 ) (1997) (Regardless of nomenclature, claim asserted by a plaintiff that is predicated on allegations “that the defendant-professional ... rendered ne

2016Fortson, 313 *249 Ga. App. at 328 (although complaint stated various causes of action, expert affidavit required because substance of complaint raised only claim for professional negligence); Hodge v. Jennings Mill, Ltd., 215 Ga. App. 507, 509 ( 451 SE2d 66 ) (1994) (trial court erred by denying motion to dismiss breach of contract claim “to the extent it sounded in malpractice”); Crawford v. Johnson, 227 Ga. App. 548, 551 (2) (a) ( 489 SE2d 552 ) (1997) (Regardless of nomenclature, claim asserted by a plaintiff that is predicated on allegations “that the defendant-professional ... rendered ne

11
Brown v. Tift County Hospital Authoritygreen
gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2009–2009
1 sentence

2009Auth., 280 Ga. App. 847, 848 ( 635 SE2d 184 ) (2006) (“[i]n a claim for medical malpractice, the affidavit requirement applies to issues of negligence involving medical questions”); Hardwick v. Atkins, 278 Ga. App. 79, 80 (2) ( 628 SE2d 173 ) (2006) (the expert affidavit requirement “applies in any cause of action that involves a . . . question” of medical negligence); Landau v. Davis Law Group, P.C., 269 Ga. App. 904, 905 (1) ( 605 SE2d 461 ) (2004) (affirming dismissal of professional malpractice claim against a professional corporation where plaintiff failed to file an expert affidavit); St

11
Hardwick v. Atkinsgreen
gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009Auth., 280 Ga. App. 847, 848 ( 635 SE2d 184 ) (2006) (“[i]n a claim for medical malpractice, the affidavit requirement applies to issues of negligence involving medical questions”); Hardwick v. Atkins, 278 Ga. App. 79, 80 (2) ( 628 SE2d 173 ) (2006) (the expert affidavit requirement “applies in any cause of action that involves a . . . question” of medical negligence); Landau v. Davis Law Group, P.C., 269 Ga. App. 904, 905 (1) ( 605 SE2d 461 ) (2004) (affirming dismissal of professional malpractice claim against a professional corporation where plaintiff failed to file an expert affidavit); St

2009Auth., 280 Ga. App. 847, 848 ( 635 SE2d 184 ) (2006) (“[i]n a claim for medical malpractice, the affidavit requirement applies to issues of negligence involving medical questions”); Hardwick v. Atkins, 278 Ga. App. 79, 80 (2) ( 628 SE2d 173 ) (2006) (the expert affidavit requirement “applies in any cause of action that involves a . . . question” of medical negligence); Landau v. Davis Law Group, P.C., 269 Ga. App. 904, 905 (1) ( 605 SE2d 461 ) (2004) (affirming dismissal of professional malpractice claim against a professional corporation where plaintiff failed to file an expert affidavit); St

11
Brown v. TIFT COUNTY HOSP. AUTHORITYgreen
gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2009–2009
1 sentence

2009Auth., 280 Ga. App. 847, 848 ( 635 SE2d 184 ) (2006) (“[i]n a claim for medical malpractice, the affidavit requirement applies to issues of negligence involving medical questions”); Hardwick v. Atkins, 278 Ga. App. 79, 80 (2) ( 628 SE2d 173 ) (2006) (the expert affidavit requirement “applies in any cause of action that involves a . . . question” of medical negligence); Landau v. Davis Law Group, P.C., 269 Ga. App. 904, 905 (1) ( 605 SE2d 461 ) (2004) (affirming dismissal of professional malpractice claim against a professional corporation where plaintiff failed to file an expert affidavit); St

11
Stamps v. Johnsongreen
gactapp · 2000 · cited in 1 Georgia opinions naming this issue, 2009–2009
1 sentence

2009Auth., 280 Ga. App. 847, 848 ( 635 SE2d 184 ) (2006) (“[i]n a claim for medical malpractice, the affidavit requirement applies to issues of negligence involving medical questions”); Hardwick v. Atkins, 278 Ga. App. 79, 80 (2) ( 628 SE2d 173 ) (2006) (the expert affidavit requirement “applies in any cause of action that involves a . . . question” of medical negligence); Landau v. Davis Law Group, P.C., 269 Ga. App. 904, 905 (1) ( 605 SE2d 461 ) (2004) (affirming dismissal of professional malpractice claim against a professional corporation where plaintiff failed to file an expert affidavit); St

11
South Georgia Medical Center v. Washingtongreen
ga · 1998 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009Center v. Washington, 269 Ga. 366, 367 (1) ( 497 SE2d 793 ) (1998). 9 Fulton-DeKalb Hosp.

2009Center v. Washington, 269 Ga. 366, 367 (1) ( 497 SE2d 793 ) (1998). 9 Fulton-DeKalb Hosp.

11
Landau v. Davis Law Group, P.C.green
gactapp · 2004 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009Auth., 280 Ga. App. 847, 848 ( 635 SE2d 184 ) (2006) (“[i]n a claim for medical malpractice, the affidavit requirement applies to issues of negligence involving medical questions”); Hardwick v. Atkins, 278 Ga. App. 79, 80 (2) ( 628 SE2d 173 ) (2006) (the expert affidavit requirement “applies in any cause of action that involves a . . . question” of medical negligence); Landau v. Davis Law Group, P.C., 269 Ga. App. 904, 905 (1) ( 605 SE2d 461 ) (2004) (affirming dismissal of professional malpractice claim against a professional corporation where plaintiff failed to file an expert affidavit); St

2009Auth., 280 Ga. App. 847, 848 ( 635 SE2d 184 ) (2006) (“[i]n a claim for medical malpractice, the affidavit requirement applies to issues of negligence involving medical questions”); Hardwick v. Atkins, 278 Ga. App. 79, 80 (2) ( 628 SE2d 173 ) (2006) (the expert affidavit requirement “applies in any cause of action that involves a . . . question” of medical negligence); Landau v. Davis Law Group, P.C., 269 Ga. App. 904, 905 (1) ( 605 SE2d 461 ) (2004) (affirming dismissal of professional malpractice claim against a professional corporation where plaintiff failed to file an expert affidavit); St

11
Thompson v. Ezorgreen
ga · 2000 · cited in 1 Georgia opinions naming this issue, 2008–2008
2 sentences

2008Thompson v. Ezor, 272 Ga. 849, 852 (2) ( 536 SE2d 749 ) (2000).

2008Thompson v. Ezor, 272 Ga. 849, 852 (2) ( 536 SE2d 749 ) (2000).

11
Smith v. Morris, Manning & Martin, LLPgreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2008–2008
2 sentences

2008In Smith v. Morris, Manning & Martin, LLP, 254 Ga. App. 355, 359 (3) ( 562 SE2d 725 ) (2002) (“Smith 7”), this Court affirmed the dismissal of the malpractice claims, but reversed the dismissal of the remaining claims after assuming, without deciding, that those claims alleged something other than professional negligence.

2008In Smith v. Morris, Manning & Martin, LLP, 254 Ga. App. 355, 359 (3) ( 562 SE2d 725 ) (2002) (“Smith 7”), this Court affirmed the dismissal of the malpractice claims, but reversed the dismissal of the remaining claims after assuming, without deciding, that those claims alleged something other than professional negligence.

11
Sparks v. Kroger Co.green
gactapp · 1991 · cited in 1 Georgia opinions naming this issue, 1997–1997
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Chester O. Draper, Personal Representative of the Estate of Ilene Draper, Deceased v. Robert Chiapuzio, M.D., and Harney County, Oregon, a Public Body green
ca9 · 1993
1 sentence

2024The expert affidavit requirement “is not so burdensome or inconsistent with the objectives of [EMTALA] that it frustrates Congress[‘s] purposes in enacting it.” Draper, 9 F3d at 1393 .

12024–2024
Lockhart v. Board of Regents of the University System green
gactapp · 2012
2 sentences

2019Sys. of Ga. , 316 Ga. App. 759 , 762-63 (1) (a), 730 S.E.2d 475 (2012) (punctuation omitted); accord Doctors Hosp. of Augusta, LLC v. Alicea , 332 Ga. App. 529 , 544 (3), 774 S.E.2d 114 (2015). 20 See Oduok v. Fulton DeKalb Hosp.

2019Sys. of Ga. , 316 Ga. App. 759 , 762-63 (1) (a), 730 S.E.2d 475 (2012) (punctuation omitted); accord Doctors Hosp. of Augusta, LLC v. Alicea , 332 Ga. App. 529 , 544 (3), 774 S.E.2d 114 (2015). 20 See Oduok v. Fulton DeKalb Hosp.

12019–2019
Winfrey v. Total Health Clinic Corp. green
gactapp · 2002
1 sentence

2009Thus, the defendants "did not waive their right to assert [the Chandlers'] failure to file an expert affidavit as a defense to [their] claims against them simply because they raised the failure in their initial response, rather than by separate motion filed contemporaneously therewith." Id. at 620, 566 S.E.2d 372 .

12009–2009
Mills v. State green
gactapp · 2000
1 sentence

2009Auth., 280 Ga. App. 847, 848 ( 635 SE2d 184 ) (2006) (“[i]n a claim for medical malpractice, the affidavit requirement applies to issues of negligence involving medical questions”); Hardwick v. Atkins, 278 Ga. App. 79, 80 (2) ( 628 SE2d 173 ) (2006) (the expert affidavit requirement “applies in any cause of action that involves a . . . question” of medical negligence); Landau v. Davis Law Group, P.C., 269 Ga. App. 904, 905 (1) ( 605 SE2d 461 ) (2004) (affirming dismissal of professional malpractice claim against a professional corporation where plaintiff failed to file an expert affidavit); St

12009–2009
Joiner v. Lee green
gactapp · 1990
2 sentences

1999For example, a patient may pursue a claim for medical malpractice or battery when objected-to treatment is performed without consent (Joiner v. Lee, 197 Ga. App. 754 (1) ( 399 SE2d 516 ) (1990)), with the recognition that the plaintiff must file an expert affidavit in one cause of action, and establish that the physician acted intentionally in the other.

1999For example, a patient may pursue a claim for medical malpractice or battery when objected-to treatment is performed without consent (Joiner v. Lee, 197 Ga. App. 754 (1) ( 399 SE2d 516 ) (1990)), with the recognition that the plaintiff must file an expert affidavit in one cause of action, and establish that the physician acted intentionally in the other.

11999–1999
Walker v. Jack Eckerd Corp. green
gactapp · 1993
2 sentences

1997Even if the expert affidavit requirement was not a factor, the case of Walker v. Jack Eckerd Corp., 209 Ga. App. 517 ( 434 SE2d 63 ) (1993) dictates that the pharmacist had no duty in August 1991 to give the requested warnings regarding side effects associated with the discontinuation of Clozaril.

1997Even if the expert affidavit requirement was not a factor, the case of Walker v. Jack Eckerd Corp., 209 Ga. App. 517 ( 434 SE2d 63 ) (1993) dictates that the pharmacist had no duty in August 1991 to give the requested warnings regarding side effects associated with the discontinuation of Clozaril.

11997–1997
Lutz v. Foran green
ga · 1993
11995–1995
Housing Auth. of Savannah v. Greene green
ga · 1989
11991–1991

Statutes the citing opinions construe

GA § 9-11-9.1 (23) GA § 9-11-15 (5) GA § 9-3-71 (5) USC § 42u.s.c.1983 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

GA 23 (1991–2024) NV 7 (2009–2024) TX 2 (2015–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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