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Oct 07, 2026
For victims who suffer harm due to medical negligence, filing a claim may allow them to recover financial compensation. Pursuing a medical malpractice claim differs from filing an ordinary personal injury case in Georgia. An important aspect of bringing a medical negligence claim is what Georgia’s affidavit of merit requirement means for your medical malpractice case.
Failure to follow Georgia’s affidavit requirement can jeopardize your claim, even if you have a valid injury. An experienced Atlanta medical malpractice attorney can analyze the allegations and assess whether an affidavit is needed. Your legal counsel can also work with a medical professional to conduct the review required before filing your claim.
Why Choose The Tolson Firm, LLC?
At The Tolson Firm, LLC, we represent patients and families impacted by medical negligence throughout Atlanta and other communities in Georgia. Our founding attorney, Audrey Tolson, is a proud Black attorney who has helped clients with complex medical malpractice and wrongful death claims for many years. In addition to her experience, she was selected by Women Looking Ahead magazine as a “Most Powerful and Influential Female Lawyer.”*
The firm dedicates time to investigating severe injuries, working to determine if medical professionals provided the appropriate level of care. Our legal team serves clients throughout Georgia’s state courts, and we focus our practice on medical negligence and wrongful death claims.
Understanding Georgia’s Affidavit of Merit Requirement
Georgia medical malpractice laws outline the affidavit requirement in O.C.G.A. § 9-11-9.1. When you file a claim for professional malpractice against certain licensed professionals, persons who employ or oversee them, or a qualified healthcare facility, you typically must attach a professional affidavit to your complaint.
The affidavit should be from a qualified professional who would be competent to testify about the negligent professional conduct. It should identify at least one negligent act or omission and summarize the facts that support that claim. Although you may think that you need to prove your entire medical malpractice claim at the beginning of the case, this is not true.
Instead, Georgia’s courts have clarified that including an affidavit with your complaint discourages frivolous professional malpractice claims.
Sometimes, medical injuries are unavoidable, even when providers deliver appropriate and competent care. Distinguishing a surgical error from a known complication is one of the clearest examples of where that line falls. Having a medical professional review your case can establish whether you have a potential medical negligence claim. Their review also serves as an initial professional opinion about whether your treatment met acceptable medical standards.
When an Affidavit Is Required
You typically need an affidavit when professional medical knowledge is required to determine if negligence occurred. This can include situations where the allegations involve:
- Misdiagnosis
- Surgical treatment
- Medication decisions
- Patient monitoring
- Labor and delivery decisions
These allegations track closely with the most common causes of medical malpractice claims. Diagnostic errors cause approximately 795,000 deaths and permanent disabilities each year among U.S. patients, as researchers reported in BMJ Quality & Safety. Led by Johns Hopkins, the study estimated that about 371,000 patients die and another 424,000 suffer permanent disabilities yearly as a result of diagnostic errors.
Patients receive medical care at hospitals and clinics throughout Atlanta. Grady Memorial Hospital near I-75/I-85 in Downtown and Piedmont Atlanta Hospital on Peachtree Road are two examples.
Hire a Medical Malpractice Lawyer
When you hire a medical malpractice lawyer, they can identify your deadline under the Georgia medical malpractice the statute of limitations deadline and obtain your medical records. An attorney can organize your records to determine what allegations may need professional testimony. They can then locate a qualified professional, draft your affidavit, and file it with your complaint.
The Tolson Firm, LLC, has experience with medical malpractice claims in Atlanta and throughout Georgia. We can tell you if you should file a legal claim. When a medical professional violated the acceptable standard of care for their profession, they have likely committed professional negligence. The Tolson Firm, LLC, can represent you in cases where a medical provider has been negligent.
FAQs
What Is the Purpose of an Affidavit of Merit?
The purpose of an affidavit of merit is designed to show that a professional malpractice claim is not frivolous before a claim is filed. Georgia law typically requires a licensed professional to state at least one negligent action or omission, along with the facts that support it. Georgia courts have indicated that this statute aims to filter out baseless claims, rather than obligating plaintiffs to fully establish their cases before filing.
What Are the Odds of Winning a Malpractice Claim?
No definitive percentage can be applied to a potential plaintiff’s chances of winning a malpractice claim. Each situation varies in several factors, including:
- Medical evidence
- Professional testimony
- Proving negligence, causation, and damages
In addition, some medical malpractice claims settle, while others go to trial. It is important not to use other cases as a measure for how yours may resolve.
How Long Do You Have to File a Claim for Medical Malpractice in GA?
O.C.G.A. § 9-3-71 requires a medical malpractice claim to be filed within 2 years of the injury or death. Additionally, there is a 5-year statute of repose from the date of the wrongful or negligent act. There are exceptions to both deadlines, and each case must be evaluated to determine its exact filing deadline.
What Is the Hardest Element to Prove in a Medical Malpractice Case?
Causation can be difficult to prove because it relates the healthcare professional’s alleged negligence to the injury suffered. Establishing that the healthcare provider failed to meet the appropriate standard of care is insufficient. Instead, the plaintiff must prove that the medical professional’s negligence caused or contributed to the injuries. A lawyer can work to prove this.
Contact The Tolson Firm, LLC, Today
If you suffered negligent medical care by a medical professional, The Tolson Firm, LLC, can help you with your affidavit of merit. Our team can consult a qualified medical professional to review your case and see if your medical provider was negligent. If so, we can help them create an affidavit to begin your medical malpractice claim.
Contact our firm today to learn more about this process.
*Awards and recognition have differing selection criteria. They do not guarantee results.
