St. Joseph's Hospital, Inc. v. Nease

Gregory, Justice.

The issue in this case is whether the failure to attach a supporting affidavit to the complaint in a professional malpractice action is an amendable defect under Rule 15 (a) of the Civil Practice Act. We hold that under the circumstances of this case, it is.

In November 1982, the appellees, the Neases, filed a medical malpractice action in Chatham State Court against the appellants Dr. Buelvas, Orthopedic Center, P.C., and St. Joseph’s Hospital, Inc. In June 1987, the Neases dismissed this action without prejudice and refiled in Chatham Superior Court. After appellants moved…