Addie Smith (plaintiff) brought an action against North Fulton Medical Center (defendant), seeking damages for injuries she alleg*465edly sustained while a patient at defendant’s hospital.1 Plaintiff alleged that she was injured when she fell from her hospital bed; that “[b]oth rails of the bed were improperly positioned ... at the time of the fall[; that] Defendant was charged with the duty of using due and proper care in . . . diagnosing, treating, caring and attending [plaintiff and that, contrary] to this duty, Defendant by and through its agents and/or employees was negligent in the care and supervision which [it] rendered to Plaintiff. ...”
Defendant denied the material allegations of the complaint and defended on the ground that plaintiff failed to file an expert’s affidavit supporting any claim of nursing malpractice. Defendant subsequently filed an OCGA § 9-11-9.1 motion to dismiss and a motion for summary judgment with supporting evidence, challenging any claims of negligence and nursing malpractice. Plaintiff responded with a brief and argued that an expert affidavit is not necessary because her complaint is for “ordinary negligence.” Plaintiff also filed an amended complaint for professional malpractice and included the affidavit of a registered nurse who deposed that defendant’s nursing staff deviated from the requisite standard of care in watching over plaintiff at the time of the alleged fall.
The trial court granted defendant’s OCGA § 9-11-9.1 motion to dismiss and motion for summary judgment and directed “the Clerk ... to mark the docket DISMISSED WITH PREJUDICE.” This appeal followed. Held,-.
1. Plaintiff contends the trial court erred in granting defendant’s motion for summary judgment, arguing that genuine issues of material fact remain as to defendant’s liability for ordinary negligence.
“ ‘ “To entitle the defendant to a summary judgment the undisputed facts as disclosed by the pleadings and evidence must negate at least one essential element entitling plaintiff to recovery and under every theory fairly drawn from the pleadings and evidence (cits.) and if necessary, prove the negative or nonexistence of an essential element affirmatively asserted by the plaintiff.” (Cit.)’ (Emphasis omitted.) Waller v. Transworld Imports, 155 Ga. App. 438, 439 (271 SE2d 1) (1980); Tolbert v. Tanner, 180 Ga. App. 441, 444 (2b) (349 SE2d 463) (1986).” Bishop v. Mangal Bhai Enterprises, 194 Ga. App. 874 (2), 875 (392 SE2d 535) (1990).
In the case sub judice, the evidence shows that plaintiff was admitted to defendant’s hospital on February 15, 1987, and that her “nursing Admission Assessment” sheet indicates “yes” with respect to “SIDE RAILS” in a section labeled, “HOSPITAL ROUTINE.” There *466is also evidence that plaintiff fell from her hospital bed in the early morning hours of February 22,1987, and that she was heavily sedated at the time of the fall. However, there is no evidence regarding the specific circumstances of plaintiff’s fall. (No one knows how or why plaintiff fell from her hospital bed.) The evidence only authorizes findings that plaintiff’s bed rail was in the down position at the time of the alleged fall and that four nurses and a nurse’s aide were then on duty. This evidence does not demand a finding that the hospital exercised ordinary care in watching over plaintiff at the time of plaintiff’s fall and it certainly does not negate plaintiff’s claim that she was injured as a result of negligent acts or omissions on the part of defendant’s “agents and/or employees.” Consequently, to the extent that plaintiff’s complaint can be construed as setting forth a simple negligence case, the trial court erred in granting defendant’s OCGA § 9-11-9.1 motion to dismiss and motion for summary judgment. Jones v. Bates, 261 Ga. 240, 242 (403 SE2d 804). See Flowers v. Memorial Med. Center, 198 Ga. App. 651 (402 SE2d 541). Genuine issues of material fact remain as to whether defendant’s agents or employees (professional or nonprofessional) exercised ordinary care in watching over plaintiff at the time of the alleged fall.
2. Plaintiff contends the trial court erred in dismissing her medical malpractice action under OCGA § 9-11-9.1 and argues that the trial court should have considered the amended professional malpractice complaint and the supporting expert affidavit. We do not agree.
“In any action for damages alleging professional malpractice, the plaintiff shall be required to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.” OCGA § 9-11-9.1 (a). In the case sub judice, plaintiff’s original complaint can be construed as setting forth a cause of action for professional malpractice. However, plaintiff failed to contemporaneously file an expert’s affidavit setting forth at least one act or omission resulting in professional negligence. This omission was fatal to any claim of professional malpractice stemming from the original complaint.
“[I]f a plaintiff fails to file an affidavit as required by this Code section contemporaneously with a complaint alleging professional malpractice and the defendant raises the failure to file such an affidavit in its initial responsive pleading, such complaint is subject to dismissal for failure to state a claim and cannot be cured by amendment pursuant to Code Section 9-11-15 unless a court determines that the plaintiff had the requisite affidavit available prior to filing the complaint and the failure to file the affidavit was the result of a mistake.” OCGA § 9-11-9.1 (e).
In the case sub judice, defendant raised an OCGA § 9-11-9.1 de*467fense in response to any allegation of professional negligence in the original complaint and the record shows that plaintiff’s expert’s affidavit was not available prior to the filing of the original complaint. Consequently, the trial court did not err in refusing to sustain any claim of professional malpractice based on the untimely affidavit included with the amended complaint. See St. Joseph’s Hosp. v. Nease, 259 Ga. 153, 154, fns. 1, 2 (377 SE2d 847).
3. Plaintiff contends the trial court erred in granting summary judgment, dismissing any medical malpractice claim with prejudice. See Robinson v. Starr, 197 Ga. App. 440, 441 (2) (398 SE2d 714).
The two-year limitation period for any claim of professional malpractice stemming from plaintiff’s alleged February 22, 1987, fall has expired. OCGA § 9-3-71. See St. Joseph’s Hosp. v. Mattair, 239 Ga. 674 (1) (238 SE2d 366). Consequently, plaintiff cannot dismiss the original complaint and successfully refile an action for professional malpractice. It is therefore unnecessary to determine whether the trial court erred in granting summary judgment for defendant on any claim for professional negligence.
Judgment affirmed in part and reversed in part.
Banke, P. J., Birdsong, P. J., Pope and Beasley, JJ., concur. Carley, J., concurs in Divisions 1 and 2 and in the judgment. Sognier, C. J., and Andrews, J., dissent. Cooper, J., disqualified.Johnie C. Smith is a party to the complaint and he seeks damages, alleging that he is plaintiffs spouse.