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Motion to Dismiss Granted

March 6, 2008

Wade Copeland recently obtained a dismissal for their client in a case that originally involved allegations of nursing home negligence. Plaintiff originally filed an action for medical malpractice but failed to include the expert affidavit required by OCGA 9-11-9.1. After filing a voluntary dismissal of the first suit, Plaintiff refiled the action making only allegations of simple negligence. Wade and Lee successfully argued that the plaintiff was attempting to elevate form over substance by renaming the suit as one for ordinary negligence versus malpractice. The Court agreed that the Plaintiff could not avoid the requirements of the expert affidavit statute and granted the dismissal.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.