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PATTERSON v. DOUGLAS WOMEN'S CENTER, P.C.

46241.

258 Ga. 803 (1989)

374 S.E.2d 737

PATTERSON v. DOUGLAS WOMEN'S CENTER, P.C. et al.

Supreme Court of Georgia.

Decided January 12, 1989.

Attorney(s) appearing for the Case

Walker & Manko, J. Stephen Manko, Reuben M. Word, for appellant.

Long, Weinberg, Ansley & Wheeler, Sidney F. Wheeler, Earl W. Gunn, Suzanne M. Trexler, Glenn E. Kushel, for appellees.

Harman, Owen, Saunders & Sweeney, H. Andrew Owen, Richard L. Greene, James E. Butler, Jr., Thomas W. Bennett, Thomas Wm. Malone, Robert H. Benfield, Jr., Kathleen Kessler, amici curiae.

WELTNER, Justice.

1. Patterson filed suit in August, 1987, alleging medical malpractice. No expert's affidavit was filed contemporaneously with the action as required by OCGA § 9-11-9.1, although Patterson asserted in the complaint that a physician's affidavit was attached. After the statute of limitations had expired, the defendants moved to dismiss for failure to file the affidavit. Patterson then dismissed the action voluntarily and refiled it three months...

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