VITNER v. MILLER

No. A96A1771.

479 S.E.2d 1 (1996)

223 Ga. App. 692

VITNER v. MILLER.

Court of Appeals of Georgia.

Reconsideration Denied November 26, 1996.


Attorney(s) appearing for the Case

Sullivan, Hall, Booth & Smith, Brynda S. Rodriguez, Atlanta, Edwin A. Capitan, Gainesville, for appellant.

Donald W. Johnson, Dalton, for appellee.


RUFFIN, Judge.

Annie Miller sued Saul Vitner, M.D. for professional malpractice in connection with two failed abortions performed on her by Vitner. Vitner appeals the denial of his motion to dismiss based on (1) the applicable statute of limitation and (2) the alleged insufficiency of the expert affidavit submitted with Miller's complaint. For reasons which follow, we affirm in part and reverse in part.

1. Prior to a voluntary dismissal without prejudice and...

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