Legislation	Secretary of Senate	Members	Committees	Meetings	Home	House

SB 345 - Civil Practice - relating to expert witness testimony

Lee, Daniel W. (29th)

Status Summary	SC:	Judy	HC:		FR:	01/25/00	LA:	01/25/00	S - Read 1st time

First Reader Summary

A bill to be entitled an Act to amend Chapter 11 of Title 9 and Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to civil practice and witnesses, respectively, so as to provide for the qualifications of an expert for purposes of an affidavit accompanying the complaint or for testimony as an expert in an action alleging professional malpractice; to repeal conflicting laws; and for other purposes.

Code Sections - 24-9-67

SB 345 00                                          LC 22 3848 
 
      SENATE BILL 345 
 
      By:  Senator Lee of the 29th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 11 of Title 9 and Chapter 9 of Title 24 of 
  1- 2  the Official Code of Georgia Annotated, relating to civil 
  1- 3  practice and witnesses, respectively, so as to provide for 
  1- 4  the qualifications of an expert for purposes of an affidavit 
  1- 5  accompanying the complaint or for testimony as an expert in 
  1- 6  an action alleging professional malpractice; to repeal 
  1- 7  conflicting laws; and for other purposes. 
 
  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 9                           SECTION 1. 
 
  1-10  Chapter 11 of Title 9 of the Official Code of Georgia 
  1-11  Annotated, relating to civil practice, is amended by 
  1-12  striking in its entirety subsection (a) of Code Section 
  1-13  9-11-9.1, relating to affidavits accompanying complaints of 
  1-14  professional malpractice, and inserting in its place the 
  1-15  following: 
 
  1-16    "(a) In any action for damages alleging professional 
  1-17    malpractice against a professional licensed by the State 
  1-18    of Georgia and listed in subsection (f) of this Code 
  1-19    section or against any licensed health care facility 
  1-20    alleged to be liable based upon the action or inaction of 
  1-21    a health care professional licensed by the State of 
  1-22    Georgia and listed in subsection (f) of this Code section, 
  1-23    the plaintiff shall be required to file with the complaint 
  1-24    an affidavit of an expert competent to testify, which 
  1-25    affidavit shall set forth specifically at least one 
  1-26    negligent act or omission claimed to exist and the factual 
  1-27    basis for each such claim.  For the purposes of this Code 
  1-28    section, 'expert' means a professional licensed by the 
  1-29    State of Georgia in the same profession as the defendant 
  1-30    and, where applicable, with experience in the same 
  1-31    specialty of such profession as the defendant." 
 
  1-32                           SECTION 2. 
 
  1-33  Chapter 9 of Title 24 of the Official Code of Georgia 
  1-34  Annotated, relating to witnesses, is amended by striking in 
 
 
                                 -1- 
 
 
 
  2- 1  its entirety Code Section 24-9-67, relating to the 
  2- 2  admissibility of experts' opinions, and inserting in its 
  2- 3  place the following: 
 
  2- 4    "24-9-67. 
 
  2- 5    The (a) Except as otherwise provided by subsection (b) of 
  2- 6    this Code section, the opinions of experts on any question 
  2- 7    of science, skill, trade, or like questions shall always 
  2- 8    be admissible; and such opinions may be given on the facts 
  2- 9    as proved by other witnesses. 
 
  2-10    (b) For the purpose of providing an opinion as to whether 
  2-11    an act or omission of a defendant in an action alleging 
  2-12    professional malpractice in accordance with Code Section 
  2-13    9-11-9.1 met the relevant standard of care or was 
  2-14    negligent, 'expert' means a professional licensed by the 
  2-15    State of Georgia in the same profession as that of the 
  2-16    defendant whose conduct is in question and, where 
  2-17    applicable, with experience in the same specialty of such 
  2-18    profession as the defendant.  Such an opinion shall be 
  2-19    admissible only if the expert witness meets the licensing 
  2-20    requirement set out in this subsection; provided, however, 
  2-21    that a judge may permit the testimony of other licensed 
  2-22    professionals if such testimony is necessary for the just 
  2-23    adjudication of the merits of the case." 
 
  2-24                           SECTION 3. 
 
  2-25  All laws and parts of laws in conflict with this Act are 
  2-26  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-