Okelley v. Atlanta Heart Associates, P.C.

McFADDEN, Judge.

Jan OKelley appeals the dismissal of her lawsuit against Atlanta Heart Associates, P.C. because of her failure to file an OCGA § 9-11-9.1 malpractice affidavit. OKelley argues that her lawsuit is based on simple negligence, not malpractice, and she therefore was not required to file a malpractice affidavit. To the extent OKelley’s complaint alleges professional negligence, the trial court properly granted Atlanta Heart Associates’ motion to dismiss. To the extent the complaint can be construed to state a claim based on ordinary negligence, the trial court erred in granting the…