Brown v. Tift Health Care, Inc.

BLACKBURN, Presiding Judge.

As administrator of his mother’s estate, Larry Brown sued Tift Health Care, Inc. (Tift), for personal injuries his mother suffered while a client at Tift’s nursing care facility. Following the trial court’s dismissal of his complaint for failure to file an expert affidavit in accordance with OCGA § 9-11-9.1, Brown appeals, arguing that his claims were for simple negligence, not professional malpractice, and that therefore OCGA § 9-11-9.1 did not require an affidavit. For the reasons that follow, we affirm in part and reverse in part.

“Amotion to dismiss based upon…