Bell v. Figueredo

Gregory, Justice.

In December of 1984, appellants, the Bells, sued appellees, Figueredo and Parkway Surgery Associates, P.C., for medical malpractice. In response to appellees’ summary judgment motion, the Bells submitted expert affidavits and the trial court denied appellees’ motion. The Bells later voluntarily dismissed without prejudice.

On July 1, 1987, after the case was voluntarily dismissed, OCGA § 9-11-9.1 became effective. On September 4, 1987, the Bells reinstituted their complaint against appellees for medical malpractice, but failed to file the supporting expert affidavit as OCGA §…