Joseph v. Button, [A25A0517 Ga. Ct. App. May 19, 2025]. The court (Hodges, J.; McFadden, P.J., and Pipkin, J., concur), affirmed the trial court’s denial of motions to dismiss filed by nurse practitioner Lydie Joseph and her employer SRMC.
Defendants argued that plaintiffs were barred from invoking the 45-day grace period under OCGA § 9-11-9.1(b) for filing an expert affidavit, because plaintiffs had previously retained counsel more than 90 days before the statute of limitations expired.
The court rejected that argument, holding that because the renewal complaint was filed by a new attorney who was retained within the final 90 days, and the prior attorney had not entered an appearance or signed any pleading in the new action, the safe harbor provision applied. The court emphasized that a renewal action is a “new action” under OCGA § 9-2-61 and that attaching the original complaint as an exhibit did not constitute a new appearance by former counsel Ms. **4–6. The decision aligns with the legislative purpose of OCGA § 9-11-9.1 to permit timely filed, good-faith malpractice claims while deterring frivolous suits Ms. **5–7.