Legal Opinion

Harvey v. Kidney Center of Central Georgia, Inc.

Court of Appeals of Georgia

Decided May 10, 1994No. A94A0242PublishedCited by 19 opinions

1Opinion of the Court

Beasley, Presiding Judge.

Plaintiffs Harvey sued defendants for medical negligence in a dialysis procedure. Collectively, defendants challenged the legal sufficiency of the affidavit, submitted pursuant to OCGA § 9-11-9.1, as to its form, timeliness, and substance. The trial court granted defendants’ motions to dismiss the complaint for non-compliance with the statute. It did not specify the nature of the deficiency. A consideration of the factors of form and timeliness resolves the issue.

The complaint, which was filed on April 29, 1993, alleged that it was filed within ten days of the…

2Cases cited6 opinions

  1. St. Joseph's Hospital, Inc. v. NeaseSupreme Court of Georgia · 1989
  2. Brake v. MintzCourt of Appeals of Georgia · 1989
  3. D'ZESATI v. PooleCourt of Appeals of Georgia · 1985
  4. Reid v. BrazilCourt of Appeals of Georgia · 1989
  5. Phoenix Air Conditioning Co. v. Al-Carol, Inc.Court of Appeals of Georgia · 1973

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Sevcech v. Ingles Markets, Inc.Court of Appeals of Georgia · 1996
  2. Goodin v. GWINNETT HEALTH SYSTEM, INC.Court of Appeals of Georgia · 2005
  3. Phoebe Putney Memorial Hospital v. SkipperCourt of Appeals of Georgia · 1997
  4. Tenet Healthcare Corp. v. GilbertCourt of Appeals of Georgia · 2006
  5. Lee v. CSX Transportation, Inc.Court of Appeals of Georgia · 1998

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