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Bell a/n/f Hunt v. Phoebe Putney Health Sys. Inc.

The trial court erred in dismissing the plaintiffs' wrongful death suit where the record showed that they complied with the expert affidavit requirements of O.C.G.A. § 9-11-9.1 b.

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This appeal is from the dismissal of a wrongful death action filed against various health care providers following the death of a four-year-old from complications of acute appendicitis. At issue is whether the appellants complied with the expert affidavit requirements of OCGA § 9-11-9.1 b. We hold that they did comply, and therefore reverse the judgment of the trial court. According to the allegations of the complaint, on the morning of October 5, 2001, Tyreke Hunt was taken to the Phoebe Family Medical Center complaining of stomachache, fever, and headache. He was seen by his family physician, Dr. Earl Lorenzen, and diagnosed as having an upper respiratory infection. He was given prescriptions for Histex and Tylenol and sent home.

On October 7, 2001, the child was taken to the emergency room at Crisp Regional Hospital complaining of nausea, vomiting, diarrhea and fever. The child was weak and lethargic, and vomited while in triage. Dr. Kele Sewell diagnosed the child with gastroenteritis and dehydration. He was given fluids and Phenergen intravenously, then discharged about five hours later with instructions to consume clear liquids and to see his physician if he did not improve within one or two days.

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