CopyCited 47 times | Published | Supreme Court of Georgia | Feb 27, 1992 | 262 Ga. 70, 49 Fulton County D. Rep. 23
...*72 Bates, supra,
261 Ga. at 242. 2. Furthermore, in Gillis v. Goodgame,
262 Ga. 117 (414 SE2d 197) (1992), we held "that the affidavit requirements of §
9-11-9.1 apply only to those professions recognized under Georgia law in OCGA §§
14-7-2 (2);
14-10-2 (2) and
43-1-24." Id....
CopyCited 47 times | Published | Supreme Court of Georgia | Feb 27, 1992 | 262 Ga. 117, 49 Fulton County D. Rep. 23
...409 (395 SE2d 809) (1990). However, this court has never held OCGA §
9-11-9.1 applicable to actions against occupations which are not enumerated in OCGA §
14-7-2 (2), or occupations which are not subject to the respective licensing and regulation requirements of OCGA §§
14-10-2 (2) and
43-1-24....
...to it. ...'" Housing Auth. of Savannah, supra at 438; Poteat v. Butler,
231 Ga. 187, 188 (200 SE2d 741) (1973), we conclude that the legislature intended for the term "professional" as used in OCGA §
9-11-9.1 to be defined by OCGA §§
14-7-2 (2);
14-10-2 (2), and
43-1-24. We hold, therefore, that the affidavit requirements of §
9-11-9.1 apply only to those professions recognized under Georgia law in OCGA §§
14-7-2 (2);
14-10-2 (2), and
43-1-24....
CopyCited 46 times | Published | Supreme Court of Georgia | Mar 8, 1993 | 262 Ga. 819
...t of an architect or other professional." Subsequently, we held that affidavits are required only in lawsuits filed against a professional in one of the occupations enumerated in OCGA §
14-7-2 (2) or subject to licensing and regulation under OCGA §§
14-10-2 (2) and
43-1-24....
...[5] *825 But the reality is that, time and again, over the last five years, we, and the Court of Appeals, have applied the Act to all aspects of professional negligence. See Gillis v. Goodgame,
262 Ga. 117 (414 SE2d 197) (1992) (all professions recognized under Georgia law in OCGA §§
14-7-2 (2);
14-10-2 (2);
43-1-24); Cheeley v....
...[and] is not restricted to medical-malpractice actions." (Emphasis supplied.) Id. at 438. In Gillis v. Goodgame,
262 Ga. 117 (414 SE2d 197) (1992), we subsequently held that the reach of §
9-11-9.1 was limited to the definition of "professional" contained in the OCGA, currently §§
14-7-2 (2);
14-10-2 (2); and
43-1-24....
CopyCited 16 times | Published | Supreme Court of Georgia | Feb 7, 1994 | 263 Ga. 895, 94 Fulton County D. Rep. 484
...358 *896 (430 SE2d 653) (1993). In Gillis, supra, this Court, in determining the professions that come within the ambit of OCGA §
9-11-9.1, looked not only to OCGA §
14-7-2 (2) (which defines "profession" by setting forth 16 specific professions), but also OCGA §
14-10-2 (2) (defining "professional service") and OCGA §
43-1-24 (providing that licensed professionals are subject to regulation by state examining boards). OCGA §
14-10-2 (2) provides that a professional service is that "which may be legally performed only pursuant to a license from a state examining board pursuant to Title 43." (Emphasis supplied.) OCGA §
43-1-24 speaks in terms of "[a]ny person licensed...
...tate examining board" (emphasis supplied) and cross-references Title 14, Chapters 7 and 10, as containing the Code sections setting forth the professions and professional services subject to regulation. It is apparent from the interplay between OCGA §
14-10-2 (2) and OCGA §
43-1-24 that the Gillis Court sought to limit the application of the affidavit requirement in OCGA §
9-11-9.1 to those professions which can legally be performed only when a state examining board has determined that the ap...
...Southern Engineering Co.,
260 Ga. 409 (395 SE2d 809) (1990); Gillis v. Goodgame, supra. In Gillis, supra at 118, it was held that the legislature intended for the term "professional" as used in OCGA §
9-11-9.1 [(a)] to be defined by OCGA §§
14-7-2 (2);
14-10-2 (2); and
43-1-24. We hold, therefore, that the affidavit requirements of [OCGA] §
9-11-9.1 [(a)] apply only to those professions recognized under Georgia law in OCGA §§
14-7-2 (2);
14-10-2 (2); and
43-1-24....
...law evidentiary requirement. The applicability of the common law evidentiary requirement is certainly not limited to malpractice actions against only those defendants who are engaged in the "professions" that are enumerated in OCGA §§
14-7-2 (2);
14-10-2 (2) and
43-1-24....
...actice," wherein appellee would ordinarily be required to produce expert testimony to establish the standard of care from which she alleges that appellant deviated. However, pharmacy is not a "profession" which is enumerated in OCGA §§
14-7-2 (2);
14-10-2 (2) or
43-1-24....
...malpractice" actions long antedates enactment of OCGA §
9-11-9.1 (a). In my opinion, it is "with full knowledge" of that specific antecedent common law legal principle, and not "with reference" to the non-germane provisions of OCGA §§
14-7-2 (2);
14-10-2 (2) or
43-1-24, that the General Assembly established the statutory pleading requirement of OCGA §
9-11-9.1 (a)....
...Thus, the legislative intent of OCGA §
9-11-9.1 (a), as I perceive it, was not to limit the applicability of the initial pleading requirement to only malpractice actions brought against those defendants who are engaged in the "professions" enumerated in OCGA §§
14-7-2 (2);
14-10-2 (2) and
43-1-24....
...nd expense in defending himself against the claims of his negligent professional conduct. I simply cannot agree that the General Assembly intended that those defendants who engage in "professions" other than those enumerated in OCGA §§
14-7-2 (2);
14-10-2 (2) or
43-1-24 are to be denied the benefit of OCGA §
9-11-9.1 and, despite the lack of any expert's affidavit to support the plaintiff's complaint, are nevertheless to be put to additional time and expense in defending themselves against the otherwise unsupported claims of their negligent professional conduct....
...Wilson,
197 Ga. App. 354, 355 (1) (398 SE2d 385) (1990). The trial court and the Court of Appeals were bound by this Court's holding in Gillis that OCGA §
9-11-9.1 (a) applied only to suits against those professionals enumerated in OCGA §§
14-7-2 (2);
14-10-2 (2) and
43-1-24....
CopyCited 14 times | Published | Supreme Court of Georgia | Nov 2, 1990 | 260 Ga. 499
...untancy, architecture, chiropractic, dentistry, professional *501 engineering, land surveying, law, psychology, medicine and surgery, optometry, osteopathy, podiatry, veterinary medicine, registered professional nursing, or harbor piloting. (b) OCGA §
14-10-2 provides: (2) "Professional service" means the personal services rendered by attorneys at law and any type of professional service which may be legally performed only pursuant to a license from a state examining board pursuant to Title 43,...
