Cagle v. Ehirim

Summary

The Georgia Court of Appeals affirmed dismissal of the Cagles' medical malpractice action because the supporting professional malpractice affidavit was supplied by an expert licensed to practice only in foreign countries. The court held that OCGA § 24-9-67.1(c)(1) requires the expert to have been licensed and practicing or teaching in one of the states of the United States when the alleged negligence occurred.

Holdings

1. To satisfy OCGA § 24-9-67.1(c)(1), an expert in a professional malpractice action must have been licensed and practicing or teaching in one of the states of the United States when the alleged negligent act occurred; licensure solely in foreign countries is insufficient.
2. Because the affiant did not meet the expert requirements of OCGA § 24-9-67.1, the professional malpractice affidavit was insufficient under OCGA § 9-11-9.1(a), and dismissal under OCGA § 9-11-9.1(e) was proper.

Questions Presented

1. Whether an expert supporting a professional malpractice affidavit under OCGA § 9-11-9.1(a) must be licensed to practice in one of the states of the United States under OCGA § 24-9-67.1(c)(1).
2. Whether the trial court properly dismissed the medical malpractice complaint because the foreign-licensed affiant was not competent to provide the required expert affidavit.

Disposition

affirmed