Winfrey v. Total Health Clinic Corp.

Blackburn, Chief Judge.

In this medical malpractice action, Nina J. Winfrey appeals the trial court’s dismissal of her case against Total Health Clinic Corporation, Lee Wilkes, M.D., and Gary Richter, M.D., contending that the trial court erred by: (1) failing to hold a hearing, absent request, on her motion for an extension of time to file an expert affidavit pursuant to OCGA § 9-11-9.1 (b); and (2) with regard to Total Health and Richter only, dismissing her case for her failure to file an expert affidavit as a defense, contending that Total Health and Richter had waived their right to…