Deal v. Handson

Full title: DEAL v. HANDSON et al. HCA HEALTH SERVICES OF GEORGIA, INC. v. HANDSON

Court: Court of Appeals of Georgia

Date published: Sep 15, 1994

449 S.E.2d 692 (Ga. Ct. App. 1994)

214 Ga. App. 844

Opinion

A93A1607, A93A1608.

DECIDED SEPTEMBER 15, 1994. RECONSIDERATION DENIED OCTOBER 18, 1994.

Medical malpractice. Gwinnett Superior Court. Before Judge Bishop.

Gleaton, Scofield, Egan Jones, Frederick N. Gleaton, for Deal.

Alston Bird, Judson Graves, Richard R. Hays, Daniel A. Kent, for HCA Health Svcs.

Thomas, Kennedy, Sampson Patterson, Thomas G. Sampson, Kimberly M. Carlisle, Jeffrey E. Tompkins, Divida Gude, for Handson.

ANDREWS, Judge.

In Deal v. Handson, 210 Ga. App. 499 ( 436 S.E.2d 519) (1993), this court reversed the trial court's judgment which denied defendants' Motion to Dismiss the Handsons' complaint based, in our Division 2, on the insufficiency of the OCGA § 9-11-9.1 affidavit. In Handson v. HCA Health Svcs. of Ga., 264 Ga. 293 ( 443 S.E.2d 831) (1994), the Supreme Court reversed our opinion, finding the affidavit adequate. Accordingly, this court's original judgment is vacated, and the judgment of the Supreme Court is hereby made the judgment of this court.

Judgments affirmed. Pope, C. J., and Birdsong, P. J., concur.

DECIDED SEPTEMBER 15, 1994 — RECONSIDERATION DENIED OCTOBER 18, 1994.