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OKELLEY v. ATLANTA HEART ASSOCIATES, P.C.

No. A12A0235.

728 S.E.2d 313 (2012)

316 Ga. App. 218

OKELLEY v. ATLANTA HEART ASSOCIATES, P.C.

Court of Appeals of Georgia.

May 4, 2012.

Attorney(s) appearing for the Case

Joyce Wilson Bergman , for OKelley.

Alison Lawrence Lee , Paul E. Weathington , Atlanta, Michael Joseph Hannan III , Duluth, for Atlanta Heart Associates, P.C.

McFADDEN, Judge.

Jan OKelley appeals the dismissal of her lawsuit against Atlanta Heart Associates, P.C. because of her failure to file an OCGA § 9-11-9.1 malpractice affidavit. OKelley argues that her lawsuit is based on simple negligence, not malpractice, and she therefore was not required to file a malpractice affidavit. To the extent OKelley's complaint alleges professional negligence, the trial court properly granted Atlanta Heart Associates' motion to dismiss...

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