David and Gayla Conley brought a medical malpractice action against Children’s Healthcare of Atlanta and two doctors alleging that their 17-month-old child had died as a result of the defendants’ negligent care. The trial court granted summary judgment to the defendants on the ground that the Conleys had not provided the medical records on which their expert relied in forming her judgment that the defendants had been negligent. On appeal, the Conleys assert that the trial court erred when it granted summary judgment because the defendants had not affirmatively shown that the Conleys had failed to prove at least one essential element of their claim. We disagree and therefore affirm. On appeal from a grant of a motion for summary judgment, we review the evidence de novo, viewing it in the light most favorable to the non-movant, to determine whether a genuine issue of fact remains and whether the moving party is entitled to judgment as a matter of law. Rubin v. Cello Corp ., 235 Ga. App. 250 510 SE2d 541 1998.
Under OCGA 9-11-9.1 a, a plaintiff bringing a medical malpractice action “shall be required to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.” Under OCGA § 9-11-56 e, moreover, sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. . . . An adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this Code section , must set forth specific facts showing that there is a genuine issue for trial. Emphasis supplied.
