Georgia tort reform – malpractice affidavit changes
Since 1987, Georgia has required that in any professional malpractice case that the plaintiff file with the complaint an affidavit from a member of the same profession stating how the applicable standard of care was allegedly violated. If the complaint was filed within ten days prior to expiration of the statute of limitation there was a 45 day grace period for filing the affidavit, and the grace period could be extended by the court. SB 3 eliminates the grace period, allows the defendant to the close of discovery to file a motion to dismiss due to a defective malpractice affidavit, and allows the plaintiff 30 days after service of the motion to cure the defect. See text below.
Ken Shigley represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. Ken Shigley was designated as a “Super Lawyer” in Atlanta Magazine and one of the “Legal Elite” in Georgia Trend Magazine. He is President-Elect of the State Bar of Georgia (2011-12), a Certified Civil Trial Advocate of the National Board of Trial Advocacy, Chair of the Southeastern Motor Carrier Liability Institute and former chair of the Georgia Insurance Law Institute. He particularly focuses on cases arising from truck wrecks and accidents (tractor trailers truck wrecks, semi truck wrecks,18 wheeler truck wrecks, big rig truck wrecks, log truck wrecks, dump truck wrecks). He and Sally have been married since 1983, and are the proud parnts of two young adults, Anne Shigley and Ken Shigley, Jr.