Legal Opinion

Lowery v. Atlanta Heart Associates, P.C.

Court of Appeals of Georgia

Decided March 19, 2004No. A04A0193PublishedCited by 25 opinions

1Opinion of the Court

ANDREWS, Presiding Judge.

David E. Lowery brought a medical malpractice action against Atlanta Heart Associates, P.C. (Atlanta Heart) alleging that he was injured by the negligent acts or omissions of medical doctors employed by Atlanta Heart. Lowery appeals from the trial court’s order granting Atlanta Heart’s motion for dismissal of the action on the basis that he failed to timely file an expert affidavit with the complaint as required by OCGA § 9-11-9.1. For the following reasons, we affirm.

1. In OCGA § 9-11-9.1, the legislature set forth requirements for the filing of an expert affidavit…

2Cases cited9 opinions

  1. City of Gainesville v. DoddSupreme Court of Georgia · 2002
  2. Pfeiffer v. Georgia Department of TransportationSupreme Court of Georgia · 2002
  3. Labovitz v. HopkinsonSupreme Court of Georgia · 1999
  4. Brake v. MintzCourt of Appeals of Georgia · 1989
  5. Ware v. Fidelity Acceptance Corp.Court of Appeals of Georgia · 1997

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3Cited by25 opinions

  1. Alston & Bird LLP v. Mellon Ventures II, L.P.Court of Appeals of Georgia · 2010
  2. Heard v. City of Villa RicaCourt of Appeals of Georgia · 2010
  3. Bardo v. LissCourt of Appeals of Georgia · 2005
  4. Pinnacle Benning, LLC v. Clark Realty Capital, LLCCourt of Appeals of Georgia · 2012
  5. Designs Unlimited, Inc. v. RodriguezCourt of Appeals of Georgia · 2004

20 more not listed; retrieve them via the Exa API.

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