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Last Modified on Sep 01, 2026
Filing a medical malpractice claim is a complex but necessary process when you’ve been hurt by the negligence of a medical professional. In Georgia, there are additional steps you have to take before you can file a civil claim that can further complicate it. It’s important to know how Georgia’s medical malpractice review panel process works, including the legal requirements for an affidavit. Without this, you may be unable to recover compensation.
Medical Review Panel for Malpractice Cases
Some states require a medical review panel for malpractice cases before they go to trial. Georgia does not require this panel, although there are still certain requirements. While a full panel is not required, you do still need an expert’s affidavit, and you need that expert to testify. Otherwise, your case will likely be refused.
There were 363 medical malpractice payment reports made in Georgia in 2025. To file your claim and get the compensation you deserve, it’s important that you understand the requirements.
Pre-Litigation Affidavit
You might file your medical malpractice claim with the Fulton County State Court or the Cobb County State Court Clerk Civil Division. Whenever you file any type of civil claim for professional malpractice, you have to file it alongside the affidavit. The affidavit must:
- Be written by an expert, usually a medical professional in a similar field, who is capable of testifying
- Include at least one action of negligence or omission that is the basis for the case, such as a surgical mistake or a missed diagnosis
- Include the factual basis for those claims
A medical malpractice claim must show that a medical provider failed to follow the professional standard of care, and this failure led to your injury or other damages. The expert for the affidavit must show that your case has some of these elements. It’s important that you handle this process correctly.
What If You File Without an Affidavit?
If you file a civil claim for medical malpractice without an affidavit, then the party you are filing against is not required to respond to your complaint. They only have to respond 30 days after you file the expert affidavit, and discovery only begins after their response. This can greatly lengthen the process of a civil claim.
It also gives the other party time to file a motion to dismiss based on the lack of an expert affidavit. This can result in the case being dismissed entirely. If that happens, you may need to start over, and Georgia gives injured people only a limited amount of time to file a lawsuit.
Defective Affidavits
The other party can allege that the affidavit is defective, meaning it doesn’t meet the requirements of an expert affidavit. This allegation can only be made with specific evidence that it is defective. If this occurs, your claim could be dismissed, but you have time to act. You can add an amendment within 30 days to provide additional information.
Hire a Medical Malpractice Lawyer at Stephen T. LaBriola, PC
Getting medical treatment should be straightforward and simple. When you or a loved one is seriously hurt because a medical provider failed to treat you to a professional standard of care, you deserve to recover compensation for that. Unfortunately, the process can be complicated. When you hire a medical malpractice lawyer, they can handle every part of the claim and help you file a strong case.
Stephen T. LaBriola has 33 years of legal experience and understands the many requirements of medical malpractice claims. Reach out to our firm today for dedicated legal support.
