Aguilar v. Children's Healthcare of Atlanta, Inc.

ANDREWS, Presiding Judge.

Janaly Aguilar appeals after the trial court granted Children’s Healthcare of Atlanta, Inc.’s and Dr. Joseph Schultz’s motions to dismiss this medical malpractice suit. Aguilar alleged that her ten-month-old son Jonathon died as a result of the improper insertion of an intubation tube. The trial court granted the motions to dismiss, holding that the doctor who submitted the expert affidavit was not qualified because he was not regularly engaged in the active practice of emergency pediatric medicine, the subject specialty, for three to five years prior to the alleged…