Georgia Supreme Court Allows Amendment of Defective Expert Affidavit


In Galla v. Fisher, S14G0919, March 27, 2015, the Georgia Supreme Court held that a plaintiff may file an amended expert affidavit from a different physician within 30 days of a motion to dismiss, even if the original affidavit was defective because the original physician was not competent to testify.  Unfortunately this means that a plaintiff can file an original affidavit of a physician who is not competent to testify, a defendant can file a motion to dismiss, and the plaintiff can then file an amended expert affidavit from another physician, and plaintiff’s Complaint will not be dismissed.


Richard Tisinger, Jr.