Thomas v. Miller

By March 7, 2014 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 the statute’s remedial language. The case was briefed and argued to the Missouri Court of Appeals Eastern District in June 2014. The Court of Appeals upheld the trial court’s grant of summary judgment, holding Plaintiff was required to file an affidavit in compliance with Section 538.225 because Plaintiff’s true claim was for medical negligence, not battery.

  • 447 S.W.3d 667 (Mo. App. E.D. 2014)