George Westley Wentz et al.. v. Emory Healthcare, Inc. D/B/A Emory University Hospital Midtown et al..

Automated case summary

What the court decided

The legal issue was whether a plaintiff's original medical malpractice action could be barred by res judicata after voluntarily dismissing it without prejudice before the trial court ruled on a motion to dismiss. The Georgia Court of Appeals reversed, holding that because the plaintiff did not amend the defective affidavit within the statutory time, the suit was subject to dismissal for failure to state a claim and was not barred by res judicata.