Georgia Expert Affidavit (Certificate of Merit) — O.C.G.A. § 9-11-9.1

EXPERT AFFIDAVIT PURSUANT TO O.C.G.A. § 9-11-9.1

Table of Contents

1. Caption
2. Affidavit of Affiant — Identification and Qualifications
3. Active Practice Requirement (O.C.G.A. § 24-7-702(c)(2))
4. Daubert Reliability Foundation
5. Materials Reviewed
6. Standard of Care Applicable
7. Negligent Acts and Omissions — Factual Basis
8. Causation Opinion
9. Damages/Injury Opinion
10. Reservation of Right to Supplement
11. Verification and Notarization
12. Sources and References

1. CAPTION

IN THE [STATE / SUPERIOR] COURT OF [____________________] COUNTY
STATE OF GEORGIA

AFFIDAVIT OF [EXPERT NAME], M.D., IN SUPPORT OF PLAINTIFF'S COMPLAINT FOR MEDICAL MALPRACTICE PURSUANT TO O.C.G.A. § 9-11-9.1

STATE OF [____________________] )
COUNTY OF [____________________] )

PERSONALLY appeared before the undersigned officer authorized to administer oaths, [EXPERT FULL LEGAL NAME], M.D., who, being first duly sworn upon oath, deposes and states the following under penalty of perjury:

2. AFFIDAVIT OF AFFIANT — IDENTIFICATION AND QUALIFICATIONS

1. My name is [EXPERT FULL LEGAL NAME], M.D. I am over the age of eighteen (18) years, am of sound mind, and I make this Affidavit upon my own personal knowledge based upon my education, training, professional experience, and review of the materials identified below.

2. I am a physician duly licensed to practice medicine in the State of [____________________], License No. [____________________], in good standing and without any pending disciplinary actions.

3. I am Board-Certified by the [SPECIFY BOARD, e.g., American Board of Internal Medicine / American Board of Surgery / American Board of Obstetrics and Gynecology] in the specialty of [SPECIALTY], with [Subspecialty Certification, if any]. My certifications were issued on [__/__/____] and remain current through [__/__/____].

4. I received my Doctor of Medicine degree from [MEDICAL SCHOOL] on [__/__/____]. I completed an internship/residency in [SPECIALTY] at [INSTITUTION] from [__/____] to [__/____], and a fellowship in [SUBSPECIALTY] at [INSTITUTION] from [__/____] to [__/____].

5. My current professional position is [TITLE] at [INSTITUTION]. I have authored [____] peer-reviewed publications in the field of [SPECIALTY], and I have served as [TEACHING/EDITORIAL POSITIONS]. A complete current curriculum vitae is attached hereto as Exhibit 1.

3. ACTIVE PRACTICE REQUIREMENT (O.C.G.A. § 24-7-702(c)(2))

6. Pursuant to O.C.G.A. § 24-7-702(c)(2), I have had actual professional knowledge and experience in the area of practice or specialty in which the opinions in this Affidavit are given as a result of having been regularly engaged, with sufficient frequency to establish an appropriate level of knowledge, in:

• ☐ (A) The active practice of [SPECIALTY] for at least three (3) of the last five (5) years; or
• ☐ (B) The teaching of [SPECIALTY] at an accredited educational institution as a member of its faculty for at least three (3) of the last five (5) years; or
• ☐ (C) Any combination of (A) and (B) above.

7. I am a member of the same profession as Defendant [PHYSICIAN NAME], M.D., namely, a physician engaged in the practice of [SPECIALTY], and I am qualified to opine on the standard of care applicable to a [SPECIALTY] physician under the circumstances presented in this case.

4. DAUBERT RELIABILITY FOUNDATION

8. The opinions stated in this Affidavit are based upon:
   - (a) sufficient facts and data, including the medical records and materials identified in Section 5 below;
   - (b) reliable principles and methods generally accepted in the medical profession; and
   - (c) my reliable application of those principles and methods to the specific facts of this case, in conformity with O.C.G.A. § 24-7-702(b) and the Daubert standard codified by Georgia statute and informed by Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999).

9. The principles and methods I have applied are the same as those I would use in my own clinical practice and in peer-reviewed publications in the field of [SPECIALTY].

5. MATERIALS REVIEWED

10. In forming the opinions set forth herein, I have reviewed the following materials, which are of the type reasonably relied upon by experts in my field pursuant to O.C.G.A. § 24-7-703:

• ☐ Medical records of [Plaintiff / Decedent] from [HOSPITAL / FACILITY] for the date(s) of [__/__/____] through [__/__/____];
• ☐ Office/clinic records of Defendant [PHYSICIAN NAME], M.D., for the date(s) of [__/__/____] through [__/__/____];
• ☐ Operative reports for [PROCEDURE] performed [__/__/____];
• ☐ Imaging studies (e.g., CT, MRI, X-ray, ultrasound) and corresponding radiology reports dated [__/__/____];
• ☐ Laboratory and pathology reports dated [__/__/____];
• ☐ Nursing notes, medication administration records (MAR), vital signs flowsheets;
• ☐ Discharge summaries and consultation notes;
• ☐ [Decedent's] death certificate and autopsy report dated [__/__/____] (if applicable);
• ☐ Plaintiff's narrative/affidavit;
• ☐ Relevant peer-reviewed medical literature, clinical practice guidelines, and standards of care from [SOCIETY/ORGANIZATION];
• ☐ [OTHER MATERIALS].

6. STANDARD OF CARE APPLICABLE

11. At all times material to this case, Defendant [PHYSICIAN NAME], M.D., owed [Plaintiff / Decedent] the duty to exercise that degree of care and skill ordinarily employed by the medical profession generally under similar circumstances and like surrounding conditions, and to use his/her best judgment in the application of that skill, as required by Georgia law (O.C.G.A. § 51-1-27) and the customary standards of [SPECIALTY] practice.

12. The applicable standard of care for a [SPECIALTY] physician in the circumstances presented required, at minimum:

(a) [SPECIFIC STANDARD — e.g., timely recognition of [CONDITION] in a patient presenting with [SYMPTOMS]];
(b) [SPECIFIC STANDARD — e.g., ordering [DIAGNOSTIC STUDY] to evaluate [CONDITION]];
(c) [SPECIFIC STANDARD — e.g., performing [PROCEDURE] with [TECHNIQUE]];
(d) [SPECIFIC STANDARD — e.g., obtaining timely consultation with [SPECIALTY]];
(e) [SPECIFIC STANDARD — e.g., monitoring [PARAMETERS] post-operatively];
(f) [OTHER STANDARDS].

7. NEGLIGENT ACTS AND OMISSIONS — FACTUAL BASIS

13. To a reasonable degree of medical probability and certainty, it is my professional opinion that Defendant [PHYSICIAN NAME], M.D., breached the applicable standard of care described above by committing the following negligent acts and/or omissions, each of which is set forth below with its specific factual basis:

7.1 First Negligent Act/Omission

Act/Omission: [SPECIFIC NEGLIGENT ACT — e.g., "Failure to order a CT scan of the abdomen on [__/__/____] when the patient presented with [SYMPTOMS]."]

Factual Basis: According to the medical records reviewed, on [__/__/____] at [TIME], [Plaintiff / Decedent] presented with [SPECIFIC SYMPTOMS, VITALS, LAB VALUES — INCLUDE PAGE/ENTRY REFERENCES]. The applicable standard of care required [SPECIFIC ACTION]. Defendant Physician failed to [DESCRIBE FAILURE], as documented in [RECORDS REFERENCE — page/entry/timestamp]. This conduct departed from the applicable standard of care.

7.2 Second Negligent Act/Omission

Act/Omission: [SPECIFIC NEGLIGENT ACT].

Factual Basis: [SPECIFIC FACTS WITH RECORD REFERENCES].

7.3 Third Negligent Act/Omission

Act/Omission: [SPECIFIC NEGLIGENT ACT].

Factual Basis: [SPECIFIC FACTS WITH RECORD REFERENCES].

7.4 Additional Acts/Omissions (as warranted)

Act/Omission: [SPECIFIC NEGLIGENT ACT].

Factual Basis: [SPECIFIC FACTS WITH RECORD REFERENCES].

8. CAUSATION OPINION

14. To a reasonable degree of medical probability and certainty, it is my professional opinion that the negligent acts and/or omissions identified in Section 7 above, individually and collectively, were the direct and proximate cause of the injuries [and death] sustained by [Plaintiff / Decedent]. Specifically:

(a) [DESCRIBE CAUSAL CHAIN — e.g., "Had Defendant ordered a timely CT scan on [__/__/____], the [CONDITION] would have been diagnosed and treated in time to prevent [INJURY]."];
(b) [ADDITIONAL CAUSAL OPINIONS];
(c) [ADDITIONAL CAUSAL OPINIONS].

15. [If applicable for wrongful death]: To a reasonable degree of medical probability, but for the negligent acts and/or omissions of Defendant Physician, [Decedent] would not have died on [__/__/____].

9. DAMAGES/INJURY OPINION

16. As a direct and proximate result of the negligence described above, [Plaintiff / Decedent] sustained the following injuries, which are reasonably attributable to Defendant's deviation from the standard of care:

(a) [DESCRIBE PHYSICAL INJURY];
(b) [DESCRIBE NEED FOR ADDITIONAL TREATMENT/SURGERY];
(c) [DESCRIBE PERMANENT IMPAIRMENT/DISABILITY];
(d) [DESCRIBE DEATH, IF APPLICABLE].

10. RESERVATION OF RIGHT TO SUPPLEMENT

17. The opinions expressed herein are based upon the materials currently available to me. I reserve the right to supplement, amend, or modify these opinions as additional information, including discovery materials, deposition testimony, expert disclosures, and further records, becomes available.

18. Pursuant to O.C.G.A. § 9-11-9.1(d), Plaintiff retains the right to amend this Affidavit to correct any factual error within the affidavit upon timely motion and showing.

11. VERIFICATION AND NOTARIZATION

FURTHER AFFIANT SAYETH NOT.

I declare under penalty of perjury under the laws of the State of Georgia that the foregoing is true and correct.

Executed this _____ day of ____________________, 20____, at [CITY, STATE].

_________________________________
[EXPERT NAME], M.D.
Affiant

Sworn to and subscribed before me by [EXPERT NAME], M.D., this _____ day of ____________________, 20____. Affiant is personally known to me [or] produced [DESCRIBE IDENTIFICATION] as identification.

_________________________________
Notary Public
State of [____________________]
County of [____________________]
Commission No.: [____________________]
My Commission Expires: [__/__/____]

[NOTARY SEAL]

EXHIBIT 1 — CURRICULUM VITAE OF AFFIANT

(Attach Curriculum Vitae of Affiant including education, board certifications, licensure, employment history, hospital affiliations, publications, presentations, and prior expert testimony for the past four (4) years pursuant to O.C.G.A. § 9-11-26(b)(4)(A) disclosure obligations.)

12. SOURCES AND REFERENCES

Statutory Authority

• O.C.G.A. § 9-11-9.1 — Affidavit to Accompany Charge of Professional Malpractice (mandatory contemporaneous filing; cure provisions)
• O.C.G.A. § 9-11-9.1(b) — 45-Day Extension for Statute-Imminent Filing
• O.C.G.A. § 9-11-9.1(d) — 30-Day Cure Period for Defective Affidavit
• O.C.G.A. § 9-11-9.1(e) — Dismissal for Failure to File
• O.C.G.A. § 24-7-702(b) — Daubert Standard for Expert Testimony
• O.C.G.A. § 24-7-702(c) — Medical Expert Qualifications (3 of 5 years active practice or teaching)
• O.C.G.A. § 24-7-702(d) — Pretrial Daubert Hearing
• O.C.G.A. § 24-7-703 — Bases of Expert Opinion Testimony
• O.C.G.A. § 51-1-27 — Recovery for Medical Malpractice Standard of Care
• O.C.G.A. § 9-10-110 et seq. — Affidavit Form Requirements

Controlling Georgia Case Law

• Bowen v. Adams, 203 Ga. App. 123, 416 S.E.2d 102 (1992) — Affidavit must specifically identify negligent acts/omissions and factual basis; conclusory statements insufficient
• Labovitz v. Hopkinson, 271 Ga. 330 (1999) — Pleading sufficiency standard for § 9-11-9.1 affidavits
• Hewett v. Kalish, 264 Ga. 183 (1994) — Affidavit specificity standards
• Cheeley v. Henderson, 261 Ga. 498 (1991) — Mandatory nature of § 9-11-9.1
• Glaser v. Meck, 258 Ga. 468 (1988) — Affidavit must accompany the complaint at filing
• Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 286 Ga. 731 (2010) — Damages cap in O.C.G.A. § 51-13-1 declared unconstitutional

Federal Daubert Authority Adopted by Georgia (per § 24-7-702(f))

• Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)
• General Electric Co. v. Joiner, 522 U.S. 136 (1997)
• Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999)

Practice Notes — Filing Requirements

1. Contemporaneous Filing: Affidavit MUST accompany the complaint when filed. If absent, complaint is subject to dismissal.
2. Statute-Imminent Exception: If counsel was retained ≤ 90 days before SOL expiration, attorney files an attorney affidavit and obtains 45 days to file the expert affidavit.
3. Cure Period: If defendant moves to dismiss for defect, plaintiff has 30 days from service of motion to cure by amendment.
4. One Cure of Factual Error: Plaintiff may amend once to correct factual error in the affidavit (§ 9-11-9.1(d)).
5. Defendant's Response: Defendant is not required to file an answer until 30 days after the affidavit is filed; no discovery proceeds until after answer.
6. Specificity: At least one negligent act/omission and the factual basis for each must be stated; conclusory affidavits are insufficient.
7. Expert Qualifications: Same profession as defendant; active practice or teaching for 3 of last 5 years in the relevant specialty.
8. Daubert Vetting: Expect a pretrial Daubert challenge under O.C.G.A. § 24-7-702(d) at the dispositive-motion stage.

This template is provided for general informational purposes only and does not constitute legal advice. The expert affidavit is a critical pleading; defects can result in dismissal of the underlying complaint. Consult a Georgia-licensed medical malpractice attorney before filing.