Phoebe Putney Memorial Hospital v. Skipper

Beasley, Judge.

This medical malpractice action was first decided on appeal in Phoebe Putney Mem. Hosp. v. Skipper,1 where the facts are fully set out. The court held that Skipper filed an invalid affidavit under OCGA § 9-11-9.1 based on the affiant’s failure to sign the affidavit in a notary’s presence and that a second affidavit did not serve to supplement the pleading. The trial court’s denial of the hospital’s motion to dismiss was reversed.

On writ of certiorari, the Supreme Court remanded the case to this Court for reconsideration in light of Porquez v. Washington,2 which was decided…