Joseph Griffin has filed an appeal in the Court of Appeals of Georgia after his negligence lawsuit against The Emory Clinic, Inc., Dr. David R. Propp, and medical assistant Anna Smith was dismissed by a trial court. Griffin’s suit alleged that he suffered injuries from a fall during a medical visit due to negligence on the part of the defendants. The trial court dismissed the case because Griffin did not file an expert affidavit as required for professional malpractice claims under Georgia law. However, Griffin argues that such an affidavit was unnecessary since Smith is not a licensed medical professional. The appellate court has affirmed part of the trial court’s decision but reversed another part, agreeing with Griffin that his claim against Smith could be seen as ordinary negligence not requiring an expert affidavit.
Source: A24A0073_JOSEPH_GRIFFIN_v_THE_EMORY_CLINIC_INC_et_al_Opinion.pdf
