Ndlovu v. Pham

Blackwell, Judge.

In a medical malpractice case, when the plaintiff files her complaint, she also must file an affidavit, in which a competent expert sets out the basis for her allegation of malpractice. See OCGA § 9-11-9.1 (a). If the plaintiff files an expert affidavit that is inadequate for some reason, the defendant can move to dismiss the case, but OCGA § 9-11-9.1 (e) says that dismissal is warranted in such a case only if the motion identifies “with specificity” the respects in which the affidavit is inadequate, and only if the plaintiff fails within 30 days to cure these inadequacies by…