Piedmont Hospital, Inc. v. Draper

Cooper, Judge.

This is a medical malpractice action resulting from knee reconstruction surgery performed by the appellant physicians on appellee. Within ten days of the expiration of the statute of limitation on appellee’s cause of action, appellee filed her complaint. Appellee did not file an expert affidavit with her complaint, but invoked the provisions of OCGA § 9-11-9.1 (b) and obtained the automatic 45-day extension within which to file the affidavit. At the end of the 45-day period, appellee filed an affidavit of a Dr. Hotchner in which Hotchner stated that the doctors Who performed…