Anderson v. Navarro

Ruffin, Judge.

This is a medical malpractice case in which the trial court dismissed the appellants’ complaint because they failed to comply with the affidavit requirements of OCGA § 9-11-9.1. We affirm.

The relevant facts are not disputed. On November 29, 1993, Linda and Thomas Anderson filed a medical malpractice action against Romulo Navarro, M.D. The Andersons did not attach an expert affidavit to the complaint, but alleged: ££[t]he affidavit of an expert as required by Georgia Code Annotated Section 9-11-91 [sic] is not attached, but will be filed within 45 days of the filing of this…