Betty Edwards appeals the dismissal of her action for failure to comply with OCGA § 9-11-9.1. The record shows that on May 30, 1991, Edwards filed a complaint against two dentists, Dr. Peter V. Vanstrom and Dr. Suhayl Rafeedie, alleging professional negligence in June 1989, which she contends caused the wrongful death of her husband, Warren T. Edwards. Although she did not attach to her complaint the affidavit required by OCGA § 9-11-9.1, within the time ail-lowed by OCGA § 9-11-9.1 (b), she amended her complaint on July 9, 1991, to attach an affidavit from a dental expert. The affidavit stated
“Upon reviewing the aforementioned medical and dental records it is the expert opinion of the affiant that the defendants breached the requisite degree of care and skill required of the dental profession generally by . . . lack of adherence to procedures expected of a dentist licensed to practice his profession.”
Thereafter, defendants moved to dismiss the complaint for failure to state a claim upon which relief can be granted because the affidavit did not set forth at least one negligent act or omission claimed to exist or state the factual basis for this allegation as required by OCGA § 9-11-9.1 (a). Although Edwards subsequently filed an amended affidavit which stated specific acts or omissions, the trial court granted the defendants’ motion to dismiss. Edwards now appeals contending that her expert’s affidavit satisfied the requirements of OCGA § 9-11-9.1 and that her complaint also alleged acts of ordinary negligence for which no affidavit under OCGA § 9-11-9.1 was required. Held:
1. An affidavit under OCGA § 9-11-9.1 which does not state specifically at least one negligent act or omission is fatally defective.
Cheeley v. Henderson,
2. Edwards’ argument that no OCGA § 9-11-9.1 affidavit was required is also without merit. Examination of her complaint shows she alleges that defendant Vanstrom was negligent because he gave her husband inappropriate medication, did not properly monitor his condition, and did not use the proper technique to resuscitate him after he was in distress. As these claims would require an expert witness to prove that Vanstrom was negligent
(General Hospitals of Humana v. Bentley,
Accordingly, the trial court did not err by dismissing the complaint.
Judgment affirmed.
