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DIVIDED COURT OF APPEALS PANEL ALLOWS “SUBSTANTIAL COMPLIANCE” WITH THE HEALTH CARE PROVIDER AFFIDAVIT REQUIREMENT OF R.S.Mo. §538.225

By | blog

  Medical malpractice actions in Missouri are subject to the requirements of R.S.Mo. §538.225. This statute requires counsel for plaintiffs pursuing medical negligence actions to file an affidavit stating that he or she has secured the written opinion of an appropriately qualified health care provider attesting to the merit of the malpractice claim. The statute expressly provides that “a separate…

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Hospital prevails in suit over woman’s induction, delayed C-section

By | cases
A 16-day jury trial in Jefferson County over a child’s alleged injuries stemming from birth ended in a defense verdict for Mercy Hospital Jefferson, one of its doctors and an OB-GYN practice. The plaintiffs in the case, 8-year-old Carter Nobles and his mother, Latisha Dow, sought $20,583,084 in damages in their suit against the hospital, Dr. Luis Mertins and Excel...
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Franklin County jury decides in favor of doctor

By | cases
A Franklin County jury has sided with a long-time local doctor and his employer in a medical malpractice claim brought by the widow of a 51-year-old man who died in November 2009 after complications from colon surgery. Karyn Wynne sued Dr. James Cassat, of Washington, and Patients First Health Care in June 2011 in Franklin County Circuit Court, alleging that...
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Doctors win suit over bowel treatment

By | cases
A Dunklin County jury ruled that medical personnel were not negligent in the treatment of a woman whose ailments eventually worsened enough to require a colon resection. “The dispute in the case was whether or not he should have specifically made that call that there was air outside the bowel and whether or not that would have changed her outcome,”...
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Doctor did not botch liposuction, says jury

By | cases
The owner Anne Rothschild sued Dr. Stanley Librach alleging that he removed too much fat out of her thighs, causing her legs to be disfigured. “It looked like (her legs) were bitten by sharks,” said Rothschild’s attorney Alvin Wolff Jr., of Alvin Wolff Jr. and Associates. Defense attorneys described Rothschild’s injuries as dimpling and ridges or irregularity of contour on...
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Jurors side with doctor over spinal procedure

By | cases
A Knox County jury listened to testimony for four days in a medical malpractice suit stemming from chronic back pain but took only an hour and 15 minutes to decide unanimously for the defendant. Homer Phillips was a patient of Dr. John Bailey dating back to 1999. In 2006, he began complaining about back pain and was diagnosed with lumbar...
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Apartment owner loses negligence case – Insurance company claims it is not held to a higher standard

By | cases
The owner of an apartment complex that sustained flood damage has lost its St. Louis County negligent failure to procure insurance case against an insurance broker and his employer. Clearbrook Houston LP is the owner of a 178-unit apartment complex in Houston, Texas, and is under the management of Kohner Properties, Inc. of St. Louis. In 1998, Kohner transferred its...
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Jury sides with doctor over infant’s brain damage

By | cases
Special to Missouri Lawyers Media A St. Louis County jury sided with a pediatrician sued by the family of a now 8-year-old who suffered severe brain damage from going into cardiac arrest eight days after he was born. Dominic Ernst’s parents sued Dr. Mona Yassin, the Missouri Baptist Medical Center and Washington University in March 2010, alleging that the defendants...
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Thomas v. Miller

By | cases
Summary judgment in favor of a physician and her practice group was upheld on appeal. Plaintiff alleged the defendant physician committed battery during the performance of a skin resection performed at the completion of an elective liposuction procedure. Plaintiff failed to file an affidavit in compliance with Missouri Revised Statute Section 538.225 and summary judgment was granted in accordance with...
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Clearbrook Houston, L.P. v. Adrian N. Baker & Company

By | cases
Ryan Gavin and Mandy Kamykowski secured a defense verdict on behalf of an insurance broker accused of negligence in securing a policy on behalf of a client. The plaintiff owned and operated a 178 unit apartment complex in Houston, Texas that sustained flood damage as a result of a tropical storm. The plaintiff’s insurance claim was denied because the property...
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