Williamson v. O'Brien

OPINION

HOWE, Judge:

¶ 1 Patricia L. Williamson appeals the trial court’s order dismissing her medical malpractice action with prejudice for failure to serve a preliminary expert opinion affidavit as A.R.S. § 12-2603 requires. For the following reasons, we affirm the judgment as modified to reflect that the dismissal is without prejudice,

*429PACTS AND PROCEDURAL HISTORY

¶2 In October 2013, Williamson filed a medical malpractice action against Kevin J. O’Brien, DPM, stemming from a podiatry surgery, Williamson did not certify whether an expert opinion was necessary to prove her claim as AR.S. §…