Chandler v. OPENSIDED MRI OF ATLANTA, LLC

I respectfully dissent with- the majority opinion on two separate grounds. First, the Chandlers were required to attach an expert affidavit to their original complaint because their claims alleged professional negligence. Second, defendants did not waive their defense of asserting the Chandlers’ failure to attach such an affidavit, and thus I disagree with the majority’s contention that this Court should overrule established precedent in this matter. Accordingly, I would affirm the trial court’s grant of defendants’ motion to dismiss.

1. OCGA § 9-11-9.1 (a) (3) requires that any action…