Chatham County Hospital Authority v. MacK

Pope, Judge.

Plaintiff Lachonda Mack, by and through her parents as next friends, sued defendant Chatham County Hospital Authority, and others, for medical malpractice. After extensive discovery had been pursued, defendant hospital authority counterclaimed, pursuant to Yost v. Torok, 256 Ga. 92 (344 SE2d 414) (1986), to recover damages for abusive litigation as a result of plaintiff’s alleged unnecessary delay in responding to defendant’s motion for summary judgment. Without notice to defendant, plaintiff filed a notice of voluntary dismissal and obtained an ex parte order from the trial court…