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Brantley v. Dubois

The trial court abused its discretion in denying the medical malpractice defendants' motion to dismiss or, in the alternative, for summary judgment, as the plaintiffs' expert affidavit did not comply with the requirements of O.C.G.A. §§ 9-11-9.1 and 24-7-702.

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In the underlying medical malpractice action, the trial court denied defendants’ renewed motion to dismiss or, in the alternative, motion for summary judgment, alleging plaintiffs’ failure to comply with the affidavit requirement of OCGA §§ 9-11-9.1 and 24-7-702 formerly Code Section 24-9-67.1. The trial court issued a certificate of immediate review, and this Court granted defendants’ application for interlocutory appeal. For the reasons set forth below, we conclude that the affidavit at issue failed to meet the requirements of OCGA §§ 9-11-9.1 and 24-7-702, and reverse.

The record shows that David Dubois and his wife, Janet, filed a medical malpractice complaint against Damon Brantley, M.D., a general surgeon, and Glynn-County Brunswick Memorial Hospital Authority d/b/a Southeast Georgia Health System collectively, the “Appellants” to which they attached the affidavit of Dr. Steven E. Swartz, also a general surgeon. The Duboises collectively, the “Appellees” alleged that Dr. Brantley deviated from the applicable standard of care by injuring Mr. Dubois’s pancreas while performing a laparoscopic umbilical hernia repair with mesh. Dr. Swartz concurred and further opined that the result was traumatic injury to Mr. Dubois’s pancreas causing pancreatitis and other illnesses. Mr. Dubois and the defendant hospital answered and moved to dismiss asserting that Dubois’s affidavit failed to comply with the above-referenced statutes.

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