Emory Clinic v. Wyatt

Carley, Judge.

No expert affidavit was attached to the complaint whereby appellee-plaintiff initiated the instant medical malpractice action against appellant-defendants. However, appellee’s complaint did invoke the applicability of OCGA § 9-11-9.1 (b) by alleging that the statute of limitations would run within ten days and that, due to time constraints, the requisite expert affidavit could not be prepared. On the 45th day after filing her complaint, appellee moved for an extension of time to file an expert affidavit. Before the hearing on this motion, appellants moved to dismiss for…