This appeal involves the application of OCGA § 9-3-97.1, which provides for tolling the statute of limitation if medical records properly sought in preparation for a possible medical malpractice act are not furnished in a timely manner. Dr. Rex O. Ajayi appeals from the trial court’s order tolling the statute of limitation under OCGA § 9-3-97.1, thereby enlarging the time period for Herman Williams to bring a malpractice action against him1 . In his sole enumeration of error, Ajayi contends the trial court erred both in finding that Williams strictly complied with the statutory requirements and in tolling the statute beyond the date on which Ajayi alleges he informed Williams that he had provided all medical records in his possession. We conclude that the trial court correctly ordered the statute tolled, because Williams had met all requirements of the statute and Ajayi had not furnished the copies or an appropriate letter of response prior to the petition being filed. We also find, however, that Ajayi eventually complied with OCGA § 9-3-97.1, and the trial court therefore erred in finding that Ajayi had not yet complied with the statute at the time of its order. We therefore reverse that portion of the trial court’s order extending the tolling of the statute for an indefinite period until such time in the future that Ajayi complies. Instead, we conclude that the statute should be tolled for 155 days, the period during which Ajayi failed to comply with the statute.
OCGA § 9-3-97.1 provides for tolling the limitation period for bringing an action for medical malpractice when five factors are present: 1 An injured person or his or her attorney makes a request to a health care provider by certified or registered mail or, in the language of the statute, “statutory overnight delivery,” return receipt requested, for medical records in the provider’s custody or control to which the injured person is legally entitled that relate to the injured person’s treatment; 2 a properly executed document authorizing the release of the requested information is enclosed; 3 the request expressly states that the records should be mailed to the injured person or his or her attorney by certified or registered mail or statutory overnight delivery, return receipt requested, and that the records are needed for possible use in a medical malpractice action; 4 all fees charged by the provider for compiling, copying, and mailing the records are paid promptly; and 5 either the records, or a letter stating that the provider does not have the requested medical records in his or her custody or control, has not been received within 21 days of the date of receipt of the request.
