Foskey v. Foster

Birdsong, Presiding Judge.

The question in this appeal is whether, prior to the amendment of the “expert affidavit requirement” statute involving medical malpractice cases (OCGA § 9-11-9.1 (e), (f); Ga. L. 1989, p. 419, § 3), a plaintiff could simply file a “renewal” of a medical malpractice suit by permission of OCGA § 9-2-61 which permits “renewal” of dismissed lawsuits when refiled within six months of the dismissal.

Plaintiff first filed a malpractice complaint against a physician and the medical center where the physician worked, and attached an expert’s affidavit with regard to the…