Do I Need an Expert Witness for My Surgical Malpractice Case in Georgia?

If you or a loved one has been injured due to a surgical error, you may be considering a medical malpractice claim. Surgical malpractice cases are among the most complex personal injury claims in Georgia—and expert witnesses often play a critical role in proving them. But do you need an expert witness to pursue a case? In almost every instance, the answer is yes. The Spizman Firm is here to help you.

Why Expert Witnesses Are Crucial in Surgical Malpractice Cases

Medical malpractice cases involve highly technical and specialized knowledge that the average juror (and even the judge) may not fully understand without expert guidance. An expert witness—typically a licensed physician in the same field as the defendant—can explain the standard of care, identify whether that standard was breached, and determine if that breach caused the patient’s injury.

In Georgia, expert witnesses aren’t just helpful—they’re legally required.

Georgia Law Requires an Expert Affidavit

Under Georgia law (O.C.G.A. § 9-11-9.1), anyone filing a medical malpractice lawsuit must include an affidavit from a qualified medical expert at the time of filing the complaint or within 45 days thereafter. The affidavit must state at least one act of negligence committed by the healthcare provider and must include a factual basis for the opinion.

If this affidavit is missing or incomplete, the case can be dismissed—regardless of its merits. This makes it absolutely essential to consult an experienced attorney early, so the proper expert can be located and consulted before your claim is filed.

What Does an Expert Witness Do?

In a surgical malpractice case, an expert witness may:

• Explain the accepted medical standards for the procedure.
• Describe how the surgeon’s actions deviated from those standards.
• Testify how the deviation caused harm to the patient.
• Rebut any claims that the injury was a known risk or unavoidable complication.

Their testimony can also be instrumental during settlement negotiations, as a credible expert can significantly influence how insurance companies view the strength of your case.

Choosing the Right Expert Witness

Not just any doctor can serve as an expert in your case. Georgia law requires that the expert must have been actively practicing or teaching in the same specialty as the defendant within the past five years. Your attorney will help vet potential experts to ensure they meet these criteria and can clearly and persuasively present their findings to a jury.

Exceptions Are Extremely Limited

There are very few exceptions to the expert affidavit requirement. If your case involves a non-technical issue—such as a surgeon leaving a sponge or instrument inside the body—it may be considered so obvious that an expert is not needed. These are known as “res ipsa loquitur” cases. However, such scenarios are rare, and you should never assume your case qualifies without consulting a lawyer.

Seek Legal Help Today

If you believe you were harmed by a surgical error, working with our Atlanta medical malpractice attorneys is critical—especially given Georgia’s requirement for expert testimony. At The Spizman Firm, we have the experience and resources to connect you with trusted medical experts and build a compelling case on your behalf. We proudly serve clients across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today for a free consultation.