Griffin v. Carson

Miller, Judge.

This action for medical malpractice was filed more than two years after the injury giving rise to the action and thus fell outside the applicable statute of limitation found in OCGA § 9-3-71 (a). Having filed an earlier action within the statute of limitation (subsequently dismissed), plaintiffs sought the protection of OCGA § 9-2-61 (a) on the ground that they refiled within six months of the dismissal. The trial court ruled against plaintiffs, finding that their failure to attach an OCGA § 9-11-9.1 affidavit to the original complaint rendered that action invalid under OCGA §…