 Professional Malpractice FAQs
 What do you mean by “professional”?- What is professional malpractice?
- Against which professions is a claim considered one for professional negligence?
- How do malpractice claims against professionals differ from ordinary negligence claims, such as a claim arising out of an automobile collision?
- Why is the law different for professionals?
- Is it as hard to find an expert as it seems like it might be?
1. What do you mean by “professional”?
In this context, professionals include medical doctors, nurses, lawyers, accountants, engineers, and other persons who, by virtue of their education, training, and experience, are considered to possess a degree of professional skill in the performance of their jobs. Such professionals are licensed by the state.
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2. What is professional malpractice?
If a professional performs in a manner that is below the required degree of skill, care, and diligence, an injured patient or client may bring a claim against the professional for negligence. Such a lawsuit is called a professional malpractice or professional negligence claim.
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3. Against which professions is a claim considered one for professional negligence?
In Georgia, a claim alleging professional malpractice is simply a claim of negligence that is brought against a person in one of the specified professions identified in Georgia law (O.C.G.A. § 9-11-9.1(g)):
(1) Architects;
(2) Attorneys at law;
(3) Audiologists;
(4) Certified public accountants;
(5) Chiropractors;
(6) Clinical social workers;
(7) Dentists;
(8) Dietitians;
(9) Land surveyors;
(10) Marriage and family therapists;
(11) Medical doctors;
(12) Nurses;
(13) Occupational therapists;
(14) Optometrists;
(15) Osteopathic physicians;
(16) Pharmacists;
(17) Physical therapists;
(18) Physicians' assistants;
(19) Podiatrists;
(20) Professional counselors;
(21) Professional engineers;
(22) Psychologists;
(23) Radiological technicians;
(24) Respiratory therapists;
(25) Speech-language pathologists; or
(26) Veterinarians.
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4. How do malpractice claims against professionals differ from ordinary negligence claims, such as a claim arising out of an automobile collision?
One important way claims against professionals differ from ordinary negligence claims is that when suing a professional, Georgia law requires the filing of an affidavit of a member of the profession (called an expert). So for example, when suing a Georgia lawyer, one must include the affidavit of a lawyer familiar with Georgia law who is willing to and does render an opinion that the conduct of the defendant attorney was negligent. Another way of saying that the professional was negligent is that the he or she “breached the standard of care.” By contrast, if you have to sue someone whose negligent driving caused a collision with you or your vehicle, it is not necessary to have an affidavit saying that the defendant driver was negligent, just to be able to file the lawsuit.
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5. Why is the law different for professionals?
An affidavit is required for professionals because the Georgia General Assembly decided it was a good idea to reduce the number of suits filed against doctors and other professionals. The affidavit requirement acts as a kind of gate-keeper for the system, in that it forces the plaintiff to go through the extra step of finding a member of the profession who is willing to say that what the defendant did was negligent.
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6. Is it as hard to find an expert as it seems like it might be?
In some cases it can be. Lawyers who have experience in handling professional malpractice cases (such as Jones, Jensen & Harris) are very familiar with the affidavit requirement and usually can find an appropriate expert who will prepare the required affidavit.
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