Does the affidavit have to state at least one negligent act by the doctor?

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Yes, and this is the heart of what makes the affidavit valid. A Georgia malpractice affidavit cannot be a general endorsement of the lawsuit; it has to point to concrete conduct that the expert believes fell below the accepted professional standard.

The “one negligent act” floor

O.C.G.A. § 9-11-9.1 requires the expert to set forth specifically at least one negligent act or omission claimed to exist, together with the factual basis for that claim. The word “specifically” carries weight. A statement that the care was generally substandard, or that the patient suffered a bad outcome, does not satisfy the rule. The affidavit must isolate something the provider did or failed to do, and explain why that conduct supports the malpractice claim.

Stating one qualifying act is the minimum, not a cap. An expert may identify several breaches if the facts support them. But because the statute frames the requirement as “at least one,” the affidavit survives this particular test so long as a single act or omission is properly alleged with its factual underpinning.

How this shapes the case later

Identifying a negligent act in the affidavit does not lock the plaintiff into that single theory for the entire case. The affidavit is a pleading-stage screen; the full scope of the claim is developed through discovery, additional expert disclosures, and trial testimony. Still, the act named in the affidavit anchors the early stages of the dispute, so it should be chosen with care.

A few points often determine whether this element is met:

  • The conduct must be described as a departure from the standard of care, not merely an unfortunate result.
  • The expert must connect the alleged act to a factual basis, not state a bare conclusion.
  • The person signing must be competent to opine on that conduct, since an affidavit from an unqualified expert can fail regardless of how the act is worded.

The bottom line

Under O.C.G.A. § 9-11-9.1, the affidavit must specify at least one negligent act or omission and the factual basis for it. A generalized complaint about poor care will not clear that bar. Naming a concrete breach, supported by stated facts and signed by a qualified expert, is what gives the affidavit its legal force.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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