Upson County Hospital, Inc. v. Head

Johnson, Chief Judge.

This is an appeal from the trial court’s order denying Upson County Hospital’s motion to dismiss Carolyn Head’s amended complaint. The question presented is two-fold: first, whether Head was required to file an expert affidavit with her original complaint, and second, whether Head’s failure to file an expert affidavit with her original complaint bars the claims in her amended complaint. Our decision involves consideration of the interaction between a version of OCGA § 9-11-9.1 as it existed at the time Head filed her original complaint and OCGA § 9-3-71, the applicable…