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Upson County Hosp. Inc. v. Head

Plaintiff's professional malpractice claims in her amended complaint were barred by her failure to file an expert affidavit with her original complaint.

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This is an appeal from the trial court’s order denying Upson County Hospital’s motion to dismiss Carolyn Head’s amended complaint. The question presented is two-fold: first, whether Head was required to file an expert affidavit with her original complaint, and second, whether Head’s failure to file an expert affidavit with her original complaint bars the claims in her amended complaint. Our decision involves consideration of the interaction between a version of OCGA § 9-11-9.1 as it existed at the time Head filed her original complaint and OCGA § 9-3-71, the applicable statute of limitation.

Head filed a suit for damages against doctors Brown and Mameli, Thomaston Obstetrical and Gynecological Associates, and Upson County Hospital. She alleges that she was injured by caudal anesthesia administered by Dr. Brown after she was admitted to the hospital in active, premature labor. The hospital filed a motion for summary judgment contending that it was not liable for any acts or omissions of Drs. Brown and Mameli, and that Head had failed to file an OCGA § 9-11-9.1 expert affidavit in support of any allegations of professional negligence against the hospital.1

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