Waters v. Stewart

Eldridge, Judge.

This is a medical malpractice action. Donald Waters, M.D., appeals from the Superior Court of Ware County’s denial of Waters’ motion to dismiss, which motion was premised upon Charles and Catherine Stewart’s alleged failure to comply with the pleading requirements of OCGA § 9-11-9.1 (b). Waters argues that the Stewarts failed to introduce any evidence to support their OCGA § 9-11-9.1 claim that “an affidavit [of an expert] could not be prepared,” and thus, dismissal was required pursuant to our recent decision in Smith v. Morris, Manning & Martin1 (“Smith”). Waters also argues…