Harris v. EMORY HEALTHCARE, INC.

Phipps, Judge.

Benjamin S. Harris sued Emory Healthcare, Inc. and Dr. Regis W. Haid, a neurosurgeon, for medical malpractice. Pursuant to OCGA § 9-11-9.1 (a), Harris submitted the affidavit of a nurse practitioner, who opined that Haid had deviated from the appropriate standard of medical care in treating Harris’s spinal condition. Emory Healthcare and Haid moved to dismiss the complaint, arguing that the affidavit was insufficient because it was not given under oath and the affiant was not an expert competent to testify against Haid in this case. The trial court agreed and granted the motion.…