Trial Victory For Otolaryngologist In Case Alleging Surgical Negligence

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Kamykowski, Gavin & Smith, P.C. attorneys Ryan J. Gavin and Mariel Taylor successfully defended an otolaryngologist (ear, nose and throat specialist) and her practice group in a case alleging malpractice during the performance of endoscopic sinus surgery.  The last pre-trial settlement demand was for more than $1,000,000.  The plaintiffs asked for damages of almost $2,800,000 in closing argument.  The jury, after almost four hours…

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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

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  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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