HOSPITAL AUTHORITY OF FULTON COUNTY v. McDaniel

Pope, Judge.

This medical malpractice case was filed originally in March 1985. In June 1988, the original action was dismissed without prejudice for failure of counsel for plaintiffs, the McDaniels, to appear at a peremptory calendar call. Within the six-month period allowed by OCGA § 9-2-61, the McDaniels refiled the action. The renewed complaint specifically incorporated the discovery taken in the previously dismissed action, including the deposition of the McDaniels’ expert, David H. Sherman, M.D. However, the McDaniels failed to attach the required affidavit pursuant to OCGA § 9-11-9.1 to…