07 LC 29
2619
House
Bill 221
By:
Representatives Heard of the
104th
and Willard of the
49th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 9-11-9.1 of the Official Code of Georgia Annotated, relating
to the affidavit required to accompany charges of professional malpractice, so
as to change certain provisions regarding when an affidavit is required to
accompany an action for damages alleging professional malpractice; to provide
for an effective date and applicability; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 9-11-9.1 of the Official Code of Georgia Annotated, relating to the
affidavit required to accompany charges of professional malpractice, is amended
by revising subsection (a) as follows:
"(a)
In any action for damages alleging professional malpractice
against:
(1)
A
a
professional licensed by the State of Georgia and listed in subsection (d) of
this Code section;
(2)
A domestic or foreign partnership, corporation, professional corporation,
business trust, general partnership, limited partnership, limited liability
company, limited liability partnership, association, or any other legal entity
alleged to be liable based upon the action or inaction of a professional
licensed by the State of Georgia and listed in subsection (d) of this Code
section; or
against
any
(3)
Any licensed health care facility alleged
to be liable based upon the action or inaction of a health care professional
licensed by the State of Georgia and listed in subsection (d) of this Code
section,
the
plaintiff shall be required to file with the complaint an affidavit of an expert
competent to testify, which affidavit shall set forth specifically at least one
negligent act or omission claimed to exist and the factual basis for each such
claim."
SECTION
2.
This
Act shall become effective on July 1, 2007, and shall apply to any action filed
on or after July 1, 2007.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.