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Georgia Medical Malpractice Lawyer Q&A: What Is an Expert Affidavit and Do I Really Need One?

September 28, 2019

Home » Blog » Georgia Medical Malpractice Lawyer Q&A: What Is an Expert Affidavit and Do I Really Need One?

Georgia medical malpractice victims thinking of seeking damages for their losses will sooner or later come across the term expert affidavit. Those who work with an Albany medical malpractice lawyer will surely hear it from the very first consultation.

What is the deal with this term, what does it refer to,  and what role does it play in a medical malpractice case? We will explain everything in the following lines.

All About the Expert Affidavit Required in Georgia Medical Malpractice Cases

What Is an Expert Affidavit?

The expert affidavit is a document that all claimants in medical malpractice cases have to submit when filing a court trial. It is a requirement of Georgia Code section § 9-11-9.1. As the term suggests, it should be issued by an expert, someone competent enough and willing to testify. They are often referred to as affiant.

The expert has to provide a written, sworn statement in which they identify at least one omission or act of negligence on behalf of the defendant. This way, they basically justify or establish the facts subject to the medical malpractice claim.

How Do You Get an Expert Affidavit?

Experienced medical malpractice lawyers in Atlanta and throughout Georgia have their own list of experts to turn to. These are healthcare providers with various specializations and an impressive educational and professional background. When contacted, they basically review your case and identify any mistakes, omissions, or acts of negligence your doctor may have committed.

It is important to note that the expert needs to sign the affidavit in front of a notary public. In order for that to happen, either you or your medical malpractice attorney will have to prepare the form in advance.

Doctors are very careful when it comes to giving statements, so it is important to make sure that the form uses their own words and expressions. Any additions could cause them to lose faith and back away.

In fact, medical professionals usually refuse to testify against their fellow colleagues, worrying that they may end up in the same shoes. Their refusal is what drives many malpractice victims to contact a lawyer. They know they were the victims and they are entitled to compensation but they have a hard time proving it.

As mentioned above, the most experienced lawyers have their own experts. They have gained their trust throughout the years, and the latter do not hesitate to give their sworn testimny. In fact, they explain under oath everything that they know or believe to be true, what they saw or think they Sb

signing.  Affidavits can include facts the affiant knows are true, or they can contain a version of events the affiant believes to be true, their interpretation or perception of the facts. Through the affidavit, the expert is basically saying that the healthcare provider who treated you, the one accused of malpractice made a mistake.

They clearly identify the respective mistake and also explain how they should have acted to avoid injuring you. They may mention medical protocols, hospital regulations, or give other references that could help verify their statement.

What Happens If You Cannot Get an Expert Affidavit?

We have already explained that the affidavit is a legal requirement. It is your first and most important proof that you were the victim of your healthcare provider. Without it, your case will not be admitted in court.

Of course, even if you find an expert to testify for you, there is no guarantee you will win. The party at fault may work with an experienced Albany medical malpractice lawyer who will discredit your expert and dismantle any other evidence you will supply.

Your best chance at finding a reliable expert to provide the affidavit under discussion and acquire the necessary evidence to prove your case is to work with one of the best Georgia medical malpractice lawyers. The latter will know whom to turn to, conduct their own investigations, and give the defendant no alternative but to pay.

Schedule a Consultation with an Experienced Albany Medical Malpractice Lawyer

At Joe Durham Jr. P.C., our Georgia malpractice lawyers have handled hundreds of cases like yours. They can help you find an expert to sign the sworn statement in front of the notary public and find further evidence to support your case. They will not rest until they get you the compensation you deserve.

The best news is that the first compensation is free. Therefore, you can get a glimpse at what they can do for you without actually paying. Schedule the consultation now and discover how easy preparing and winning a medical malpractice case can be!