When a loved one is injured in a nursing home, families often assume they can sue for negligence. In Georgia, however, allegations that a licensed health‑care facility failed to provide appropriate medical or nursing services are treated as professional malpractice.
The Georgia Civil Practice Act (O.C.G.A. § 9‑11‑9.1) requires plaintiffs to file an expert affidavit in any professional malpractice action. This statute applies to claims against licensed professionals or health‑care facilities, including nursing homes.
What the Affidavit Must Contain
O.C.G.A. § 9‑11‑9.1 mandates that a plaintiff attach to the complaint an affidavit of an expert competent to testify as to at least one negligent act or omission and the factual basis for each claim. Without this affidavit, the court must dismiss the complaint for failure to state a claim.
The affidavit must be from a qualified expert, often a nurse or physician, who can explain what the standard of care required and how the facility’s conduct deviated from that standard.
Why It Matters in Nursing Home Cases
Because many nursing home injuries involve failure to monitor, improper medication, or neglect of medical needs, courts treat them as professional negligence. If the affidavit requirement isn’t met, the case may be dismissed, and late affidavits cannot cure the defect.
Ordinary negligence claims, such as a slip‑and‑fall in a non-medical setting, might not require an affidavit. However, allegations of medical neglect or substandard nursing care do. Families should act quickly to preserve evidence and consult qualified experts.
Steps for Families
When investigating a potential nursing home negligence case, obtain medical records and incident reports. Ask an attorney to review them with an expert to identify breaches of the professional standard of care.
If the defendant argues the case is ordinary negligence, be prepared to show why professional judgment was involved. Filing the affidavit at the outset helps avoid costly delays.
If your loved one has suffered neglect or injury in a Georgia nursing home, do not let procedural hurdles derail your case. At The Williams Litigation Group, we can evaluate your claim, secure the necessary expert testimony, and file the affidavit required by Georgia law. Call us at 1-866-214-7036 or fill out our online form to speak to our expert team.