Sworn affidavit from another doctor required in Georgia
To make sure a lawsuit against a doctor has merit, an injured party must provide an affidavit from an impartial doctor (i.e., an expert doctor) confirming the alleged malpractice of the treating doctor. Georgia courts have stated that the purpose of this requirement is to “reduce the number of frivolous malpractice suits being filed.” Oller v. Rockdale Hosp., A17A1208 (decided August 14, 2017). From an injured party’s perspective, meeting this requirement isn’t easy. First, getting a doctor to review a case is very expensive. Second, this process requires a doctor to stand in judgment of another doctor, which understandably isn’t something most doctors want to do.
If an expert doctor reviews the facts and medical records, and agrees to sign a malpractice affidavit, the story isn’t over. The affidavit has to be carefully drafted because the courts have dismissed a number of medical malpractice claims due to inadequate affidavits. To overcome a challenge to a medical malpractice affidavit, the expert doctor must allege the following:
- that the treating doctor failed to satisfy the standard of care for doctors treating a patient under similar conditions and like surrounding circumstances; and
- that the expert doctor has knowledge and experience in the practice or speciality that is relevant to the acts or omissions alleged against the treating doctor (importantly, a medical doctor does not have to practice in same specialty as defendant medical doctor to be qualified to submit expert affidavit).
Meeting these requirements is a prerequisite for filing a valid lawsuit against a doctor and is a critical part of recovering damages against a doctor in Georgia. Please call us for a free consultation if you been injured due to the negligence of a doctor–we’ll be happy to review your options and discuss how we can help get your claim resolved.