Dixon v. Barnes

Andrews, Judge.

We granted Dixon’s application for an interlocutory appeal from the trial court’s order denying his motion to dismiss Barnes’ medical malpractice complaint for failure to timely file the expert affidavit required by OCGA § 9-11-9.1 and granting Barnes an extension of time to file the affidavit.

Because the statute of limitation expired within ten days of the filing of her complaint on May 24,1993, Barnes relied upon the provi sions of OCGA § 9-11-9.1 (b) allowing forty-five days after the filing of the complaint to supplement the pleadings with the required expert affidavit.…