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Bradford v. Rossi

Plaintiff's failure to attach an expert affidavit establishing adequate medical care was fatal to his claim that defendant abandoned him as a patient.

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Marshall Bradford sued Dr. Mauro Rossi, alleging that Dr. Rossi abandoned him as a patient. Dr. Rossi moved to dismiss the complaint on the ground that the statute of limitations had expired. Dr. Rossi also asserted that dismissal was proper because Bradford failed to attach an expert affidavit to his complaint as required by OCGA § 9-11-9.1. The trial court granted Dr. Rossi’s motion on both grounds, and this appeal ensued. For reasons that follow, we affirm.

The record demonstrates that Dr. Rossi, a podiatrist, began treating Bradford in July 1997 for foot ulcers stemming from Bradford’s diabetes. On November 17, 1997, Bradford saw Dr. Rossi for an infection in his right foot, and Dr. Rossi prescribed antibiotics and instructed Bradford to return in 24 hours. When Bradford returned, his foot had not improved, and Dr. Rossi told him to go to Athens Regional Medical Center. According to Dr. Rossi’s affidavit, as a podiatrist, he does not have the authority to admit patients to the hospital, but he can assist in treatment once a patient has been admitted.

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