Sambor v. Kelley

Fletcher, Presiding Justice.

Timothy Sambor appeals the grant of summary judgment to John Kelley, D.O., in this medical malpractice case. Sambor contends that the trial court unconstitutionally modified OCGA § 9-11-9.1 in requiring that the expert affidavit be signed in the physical presence of the notary. Because it is well-established that affidavits must be sworn before a notary and the facts demonstrate that the expert affidavit submitted with Sambor’s complaint was not executed before a notary, we affirm.

Sambor filed a medical malpractice action against Kelley arising out of surgery…