Brown v. Middle Georgia Hospital, Inc.

Andrews, Judge.

Appellant John Brown, as surviving spouse of Cotis Brown, filed a medical malpractice action against Middle Georgia Hospital on July 1, 1992. The complaint alleged that Mrs. Brown was admitted to the hospital on July 11, 1990 and that she died September 13, 1990. An original notarized affidavit of Dr. Harvey Jones was filed contemporaneously with the complaint pursuant to OCGA § 9-11-9.1. Brown voluntarily dismissed the action without prejudice on July 28, 1992.

Brown refiled the complaint, pursuant to OCGA § 9-2-61, on January 27, 1993. Attached to the renewed complaint was a…