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Witherspoon v. Aranas

The plaintiff could revive her medical malpractice claim against the doctor who performed surgery on the plaintiff on January 22, 1999, since 2-year statute of limitation period had not expired prior to the filing of her renewal complaint.

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In this medical malpractice action, Sheron Witherspoon appeals from the trial court’s order granting a motion to dismiss all of her claims against Dr. Catalina Aranas and all but one of her claims against Dr. Richard Bloom.1 In her appeal, Witherspoon asserts that the trial court erred in relying upon either OCGA § 9-11-9.1 or the statute of limitation to dismiss her claims. For the reasons stated below, we affirm in part and reverse in part.

The record shows that Witherspoon filed her first complaint alleging medical malpractice by the defendants on March 8, 2000. In her complaint, she alleged that Dr. Aranas violated the standard of care by failing to completely remove her ovaries in a surgery performed in November of 1997. She alleged that Dr. Bloom violated the standard of care by failing to remove her remaining ovary in a surgery performed on January 22, 1999. Plaintiff did not attach an expert affidavit to her complaint and did not allege that she believed in good faith that the statute of limitation would expire in 10 days and that an expert affidavit could not be obtained due to time constraints.

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