Thurman v. Pruitt Corp.

I respectfully dissent.

1.1 would find that the affidavit provided by Thurman was insufficient because it failed to provide “the factual basis” for Thurman’s claim, as required by OCGA § 9-11-9.1. The affiant nurse acknowledges that she reviewed no medical records, but instead relied upon “my understanding gained from information given to Attorney Deborah Green by Mr. Thurman’s family.” “The affiant may review the medical records, take the relevant facts therein to be true, and restate those facts in the affidavit to provide the basis for the expert opinion.” (Emphasis supplied.) Ulbrich v.…