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WALDROUP v. GREENE COUNTY HOSP. AUTHORITY

No. S95G0443.

463 S.E.2d 5 (1995)

265 Ga. 864

WALDROUP v. GREENE COUNTY HOSPITAL AUTHORITY et al.

Supreme Court of Georgia.

Reconsideration Denied November 20, 1995.

Attorney(s) appearing for the Case

Matthew H. Patton, Alan R. Perry, Jr., Kilpatrick & Cody, Atlanta, for Waldroup.

Malcolm Smith, Lokey & Bowden, Atlanta, Gary B. Blasingame, Blasingame, Burch, Garrard & Bryant, P.C., Athens, H. Samuel Atkins, Jr., The Atkins Law Firm, Watkinsville, for Greene County Hosp. Authority et al.

Robert D. McCallum, Jr., Bernard Taylor, Alston & Bird, Atlanta, for amicus curiae.

PER CURIAM.

We granted certiorari in this case to consider (1) whether, when a claim for personal injuries arising from alleged medical malpractice is dismissed for failure to comply with the affidavit requirement of OCGA § 9-11-9.1, and the injured party subsequently dies, res judicata bars the refiling of the personal injury claim by the decedent's administrator, and (2) whether, in the same circumstances, collateral estoppel bars the filing of a new claim...

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