Roberts v. Faust

Pope, Presiding Judge.

On January 29, 1992, plaintiffs Linda and Larry Faust sued defendant Dr. Michael Roberts for medical malpractice and loss of consortium. Plaintiffs did not file an expert’s affidavit contemporaneously with their complaint as required by OCGA § 9-11-9.1 (a). But they did invoke OCGA § 9-11-9.1 (b) by alleging that the statute of limitation for their claims would expire within ten days, and that due to this time constraint an expert’s affidavit could not be prepared. Consequently, plaintiffs automatically received a 45-day filing extension. See OCGA § 9-11-9.1 (b). The…