Martha A. Brown v. Evans J. Nichols, M.D., Kennestone Hospital, John Doe

CARNES, Circuit Judge:

Martha Brown appeals from district court orders dismissing her medical malpractice claims in this diversity jurisdiction case. The district court dismissed Brown’s claims against the named defendants for failure to comply with a Georgia statute that requires malpractice plaintiffs to file the affidavit of an expert supporting the allegation of malpractice. The court also dismissed Brown’s claims against the unnamed defendants for failure to make timely service under Fed. R.Civ.P. 4(j). For the reasons that follow, we hold that both of these dismissals were in error.

I.…