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Missouri Medical Malpractice Law
 
J.T. and A.T. v. Martin Anbari, M.D.

This is an appeal from a defense verdict in a medical malpractice case. J.T. and A.T., by and through their father John Taylor (collectively, "the Taylors"), filed a petition seeking damages for the death of the boys' mother, Lindy Taylor ("Mother"), from Martin Anbari ("Dr. Anbari"), Michael Workman ("Dr. Workman"), and Litton & Giddings Radiological Associates, P.C. (collectively, "the defendant... More...   $0 (01-31-2014 - MO)

State of Missouri, ex rel. Red Cross Pharmacy, Inc. v. The Honorable Larry D. Harman

Relator Red Cross Pharmacy, Inc. seeks a writ of mandamus ordering the Respondent, Judge Larry D. Harman, to dismiss without prejudice the claim asserted against the Pharmacy in the underlying action pending in the circuit court. The Pharmacy argues that dismissal is required because the plaintiff in the underlying case failed to file a timely and sufficient health-care affidavit with respect to t... More...   $0 (12-24-2013 - MO)

Sally Boland v. Saint Luke's Health System, Inc.

This appeal arises from five separate wrongful death lawsuits all filed against the same three corporate defendants. The cases have been consolidated on appeal from the grant of judgments on the pleadings in favor of Respondents in each case.1 The legal issue in each case is identical: whether the trial courts erred in granting Respondents' motions for judgment on the pleadings, finding that the t... More...   $0 (11-26-2013 - MO)

Kathy Wacker v. St. Francis Medical Center

Kathy and Bryan Wacker (collectively, “Appellants”) appeal from the judgment of the trial court granting summary judgment in favor of Dr. Matthew Collard and Orthopedic Specialists, P.C. (collectively, “Respondents”) in a medical malpractice action. Appellants argue the trial court erred in granting summary judgment because they established a prima facie case of medical malpractice. We rev... More...   $0 (10-29-2013 - MO)

Deborah Watts v. Lester E. Cox Mesical Center d/b/a Family Medical Care Center

Deborah Watts filed the underlying medical malpractice action alleging that her son, Naython Watts, was born with disabling brain injuries because Cox Medical Centers and its associated physicians (collectively, Cox) provided negligent health care services. The jury returned a verdict in favor of Watts and awarded $1.45 million in non-economic damages and $3.371 million in future medical damages. ... More...   $0 (07-31-2012 - MO)

Maizie Avichail v. St. John's Mercy Health System

Maizie Avichail brought a medical malpractice action as next friend of T.A., her minor daughter. There were three defendants: St. John’s Mercy Medical Center; Geraldine Jones, a nurse involved in T.A.’s care; and Fastaff, Inc., Jones’s employer.

A jury found for the defendants, and the district court1 denied Avichail’s motion for a new trial. Avichail appeals, arguing that the dis... More...
   $0 (07-25-2012 - MO)

Riley McCoy v. The Hereshewe Law Firm, P.C.

The Hershewe Law Firm ("HLF") appeals the ruling of the circuit court of Jackson County determining the value of the law firm's claim in quantum meruit for attorneys' fees in a personal injury contingency case. HLF contends that the trial court erred in refusing to transfer the venue of the attorneys' fee determination to Jasper County, the county in which the law firm's office is located. The fir... More...   $40000 (04-10-2012 - MO)

James P. Howard v. SSM St. Charles Clinic Medical Group, Inc.

James Howard ("Plaintiff") appeals from the trial court's judgment dismissing Plaintiff's medical malpractice lawsuit against defendants Rodrigo Goh, M.D., ("Dr. Goh") and SSM St. Charles Clinic Medical Group, Inc. ("SSM"). Because Plaintiff untimely filed his health care affidavits pursuant to Section 538.225 RSMo (Cum. Supp. 2005)1, we affirm the trial court's dismissal.

I. Background
... More...
   $0 (03-20-2012 - MO)

Amanda Crider v. Barnes-Jewish St. Peters Hospital, Inc.

Plaintiff appeals from the trial court's judgment dismissing her petition, which sought damages against defendant hospital, for plaintiff's failure to file a health care affidavit as required by section 538.225 RSMo (Cum. Supp. 2008).1 Plaintiff asserts that she was not required to file an affidavit because her petition did not allege that defendant improperly rendered or failed to render health c... More...   $0 (01-17-2012 - MO)

American National Property and Casualty Company v. Ensz & Jester, P.C.

This case involves a professional negligence claim, a breach of fiduciary duty claim, and a breach of contract claim. The issue is whether and to what extent section 537.0601 bars recovery on the claims. That section discharges a settling tortfeasor from liability to a second tortfeasor when the liability is based in contribution or indemnity for the same injury to which the settlement agreement a... More...   $0 (10-26-2011 - MO)

State of Missouri ex rel. Neal W. Holzum, M.D. v. The Honorable Nancy L. Schneider

On the last day of the three-year limitations period, Eric Katz filed a lawsuit alleging medical malpractice in the death of his mother, Alverna Katz. The lawsuit included as named defendants John Doe, Jane Doe, and Washington University and/or Washington University Medical Center. After discovery, Eric Katz amended the petition by adding the names of Drs. Neal W. Holzum, Scott L. Landry, David Po... More...   $0 (07-19-2011 - MO)

Bradley A. Norman v. Richard C. Lehman, M.D.

Bradley Norman appeals from the trial court’s summary judgment in favor of Dr. Richard Lehman finding that Norman’s claim was filed outside the two-year statute of limitations for medical malpractice. Norman asserts that the trial court erred because there are contested facts as to how long he was under Dr. Lehman’s care and thus whether the “continuing care” exception tolled the statute... More...   $0 (07-26-2011 - MO)

Sohrab Devitre v. The Orthopedic Center of Saint Louis, LLC and Mitchell B. Rotman, M.D.

Sohrab Devitre appeals the judgment of the St. Louis County circuit court dismissing his lawsuit with prejudice for failure to file a health care affidavit pursuant to section 538.225.1 Mr. Devitre argues that the trial court abused its discretion in dismissing the lawsuit because he was not a patient of Mitchell B. Rotman, M.D., or of The Orthopedic Center of St. Louis, LLC, and the independent m... More...   $0 (06-28-2011 - MO)

Brynn Rodgers v. City of North Kansas City

Brynn Rodgers appeals the trial court‟s grant of summary judgment in favor of North Kansas City (“the City”) and three employees of North Kansas City Hospital (“NKC Hospital”) on Rodgers‟s petition alleging a dangerous condition of the City‟s property and Rodgers‟s claims of negligence and medical malpractice against the three employees. On appeal, Rodgers contends that the trial c... More...   $0 (03-08-2011 - MO)

John Mackovich v. United States

John Mackovich, an inmate at the Medical Center for Federal Prisoners in Springfield, Missouri (MCFP), commenced this Federal Tort Claims Act (FTCA) action in August 2008, alleging improper treatment of injuries that occurred in 2004 at a federal penitentiary in California. In June 2009, he filed an amended complaint abandoning his original claim and alleging that MCFP employees and health care pr... More...   $0 (01-31-2011 - MO)

Ann Spradling v. SSM Health Care of St. Louis

The issue in this medical negligence case is whether the health care affidavit filed pursuant to section 538.225.21 was based upon an opinion by a “legally qualified health care provider” who actively practiced “substantially the same specialty” as the defendant. This Court finds that the phrase “substantially the same specialty” used in section 538.225.2 does not require that a “leg... More...   $0 (06-29-2010 - MO)

The Kneibert Clinic LLC v. Richard Smith, M.D.

The Kneibert Clinic, LLC ("Kneibert") filed suit against Dr. Richard Smith and Weatherby Locums Tenens, Inc. ("Weatherby"), alleging a claim of indemnification from Dr. Smith and Weatherby for a judgment incurred by Kneibert in a separate lawsuit brought by a patient allegedly harmed by the negligence of Kneibert and Dr. Smith. A jury rendered a verdict in favor of Dr. Smith and Weatherby. Kneiber... More...   $0 (07-06-2010 - MO)

Phil Johnson v. J. Edward McCullough, M.D. and Mid-America Gastro-Intestinal Consultants, Inc.

J. Edward McCullough and Mid-America Gastro-Intestinal Consultants (collectively “Defendants”) appeal from the trial court’s judgment granting Phil Johnson’s motion for a new trial alleging intentional nondisclosure by a juror. After disposition by the court of appeals,1 this Court granted transfer. MO. CONST. art. V, sec. 10.

This Court affirms the trial court’s judgment. Counsel... More...
   $0 (03-09-2010 - MO)

Saint Louis University and Paulo Bicalho, M.D. v. Alice Geary

Saint Louis University (“SLU”) and Paulo Bicalho, M.D., appeal the judgment in favor of Phillip Sgroi and his wife, Alice Geary, in a medical negligence action. A jury found Dr. Bicalho negligent for failing to timely diagnose and treat Mr. Sgroi’s fractured hip and found SLU, Dr. Bicalho’s employer, vicariously liable for his negligence. SLU and Dr. Bicalho present three issues on appeal:... More...   $0 (11-17-2009 - MO)

Frederick Beaty v. St. Luke's Hospital of Kansas City, Desmond J. Young, M.D., Cardiovascular Consultants, P.C. and Martin Henry Zink, M.D.

Following a jury verdict, Frederick and Barbara Beaty appeal a judgment denying their medical negligence claims against the defendants, St. Luke’s Hospital of Kansas City, Dr. Desmond Young, Cardiovascular Consultants, P.A., and Dr. Martin Zink III. The Beatys contend the circuit court abused its discretion in: (1) allowing a treating physician to testify as a defense expert after the physician ... More...   $0 (11-17-2009 - MO)

Charles Sell v. United States Department of Justice

Charles Thomas Sell sued the United States, alleging that he had been the victim of medical malpractice that occurred while he was in federal custody awaiting trial. The district court1 dismissed the case with prejudice as barred by the two-year statute of limitations for claims under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680. Sell appeals, arguing that the district court erred ... More...   $0 (11-06-2009 - MO)

Randy L. White and Tammy Sue White v. Mazoor Tariq, M.D.

Husband and wife, Randy L. White and Tammie Sue White (“Plaintiffs”), appeal from the judgment of the Circuit Court of Jefferson County dismissing their medical malpractice action against Dr. Manzoor Tariq (“Defendant”). The trial court dismissed Plaintiffs’ action without prejudice on the grounds that Plaintiffs failed to timely file a health care affidavit as required by Section 538.22... More...   $0 (09-08-2009 - MO)

George Brown, Jr. v. MO Delta Medical Center

George Brown, Jr. (“Appellant”), who appears pro se, appeals the trial court’s judgment denying his “Motion for Reconsideration” which was filed in connection with a wrongful death cause of action brought by Appellant in relation to the death of his son, which occurred at MO Delta Medical Center (“Respondent”). Appellant asserts three points of trial court error.

The record re... More...
   $0 (07-07-2009 - MO)

Harold J. Cramer v. Charles Smoot and Rhonda Rice

Harold J. Cramer appeals the trial court's judgment dismissing his amended petition pursuant to Rule 55.27(a)(6),1 for failure to state a claim upon which relief can be granted. Cramer asserts that his amended petition stated claims against Charles Smoot and Rhonda Rice for "money had and received." Finding that the trial court's judgment does not constitute a final judgment for purposes of appeal... More...   $0 (07-16-2009 - MO)

Robert E. Fast, et al. v. F. James Marston, M.D.

Dr. Robert Fast appeals a summary judgment entered in favor of Dr. James Marston on Dr. Fast’s petition for indemnity against Dr. Marston. The judgment is affirmed.

FACTS

In 1997, Dr. Marston and Dr. Fast performed a surgical procedure on Kimberly Black. In 2003, another physician discovered that a surgical sponge had been left in the surgical site. Black filed a medical malpractic... More...
   $0 (05-05-2009 - MO)

Sherry Hooe and Dennis Hooe v. Saint Francis Medical Center, Cape Laboratory and Pathology, L.C., and William Stahr, M.D.

Sherry Hooe (“Plaintiff”)1 filed a 2004 medical malpractice action, alleging that she had been the victim of negligence seven years earlier. Defendants Cape Laboratory and Dr. Stahr sought summary judgment, citing § 516.105’s two-year statute of limitations.2 The trial court agreed and ultimately dismissed “[t]his cause … with prejudice.” We review that ruling de novo. Montgomery v. S... More...   $0 (04-28-2009 - mo)

Edgar T. Edgerton v. Stephen K. Morrison, M.D., et al.

Edgar T. Edgerton ("Patient") sued Stephen K. Morrison, M.D., a cardiothoracic surgeon, and Ferrell-Duncan Clinic (collectively, "Surgeon")1 for damages resulting from a negligent diagnosis of his sternum after heart surgery. The trial court entered judgment against Surgeon after a jury verdict. He appealed. Among his allegations of error, he claims that language contained in the verdict director ... More...   $0 (04-21-2009 - MO)

Mark and Rita Bolejack v. Dr. Richard Wolfe and St. John’s Regional Medical Center

Mark and Rita Bolejack sued Dr. Richard Wolfe and St. John’s Regional Medical Center on a medical negligence (medical malpractice) theory claiming that Dr. Wolfe acted below the standard of care while performing a cardiac catheterization on Mark Bolejack in 2006 and, as a direct result, his right femoral artery during the catheterization and discharged him from the hospital prematurely while the... More...   $0 (03-04-2009 - MO)

Kenneth Sudermeyer, etc. v. SSM Regional Health Services d/b/a Villa Marie Skilled Nursing Facility

Kenneth Sundermeyer (Son) appeals after the trial court entered judgment against him in his wrongful death suit against SSM Regional Health Services d/b/a Villa Marie Skilled Nursing Facility (Nursing Facility). Jurisdiction is vested in this Court pursuant to Missouri Constitution article V, section 10, as this case was transferred after opinion by the court of appeals.

Because Son prese... More...
   $0 (12-16-2008 - MO)

Edgar T. Edgerton v. Stephen K. Morrison, M.D., et al.

Dr. Stephen Morrison ("Dr. Morrison") appeals from a judgment entered after a jury trial that ordered him to pay monetary damages to Edgar Edgerton ("Edgerton") for medical negligence. Dr. Morrison alleges five points of error that can be divided into two categories: 1) no evidence supported the jury's finding that Morrison's negligence was the cause of any damages suffered by Edgerton; and 2) two... More...   $0 (10-21-2008 - MO)

Joe Bob Lake, Individually and as Personal Representative of the Estate of Julia K. Lake v. Frank B.W. McCollum,

Julia and Joe Bob Lake sued Dr. Sharon Prohaska for medical malpractice and loss of consortium, respectively. To be final, a circuit court's judgment must resolve all issues between the parties.(FN1) The circuit court below issued its final judgment on January 4, 2006. The Court retransfers this case to the Court of Appeals, Western District, for it to review the underlying merits of the circuit c... More...   $0 (07-29-2008 - MO)

Linda Joy, Individually and as Personal Representative of the Estate of Wesley Leon Joy v. Stephen K. Morrison, M.D., and John Wordy Buckner III, M.D.

Linda Joy appeals the trial court's judgment entered in favor of Drs. Stephen K. Morrison and John Wordy Buckner III following a jury trial on Joy's medical malpractice claim.(FN2) Joy contends the trial court should have excused a potential juror, Clarence Shirkey, for cause. The trial court did not abuse its discretion in failing to do so. The judgment is affirmed.

Joy's argument

Joy... More...   $0 (06-19-2008 - MO)

Olsen & Talpers, P.C. v. David L. Murphy

Olsen & Talpers, P.C., a Kansas City law firm, filed a petition on account against David Murphy to collect amounts owed for legal services. After a bench trial, the circuit court entered judgment in favor of Murphy and against Olsen & Talpers finding the appropriate statute of limitations barred any recovery. Olsen & Talpers appeals claiming: (1) the statute was tolled by payments made by Murphy, ... More...   $0 (03-18-2008 - MO)

State of Missouri ex rel., Raymond Bloomquist, D.O., v. The Honorable Nancy L. Schneider

Leiloni Popoalii sued eleven health care providers, including Dr. Raymond Bloomquist, alleging that they negligently failed to diagnose and treat her for meningitis when she was in their care slightly more than two years earlier. The Honorable Nancy L. Schneider ("Respondent") dismissed all defendants except Dr. Bloomquist under section 516.105, RSMo 2000, the two-year statute of limitations ... More...   $0 (01-15-2008 - MO)

State ex rel. Audrain Healthcare, Inc., d/b/a Audrain Medical Center, Kurt M. Bracke, M.D., and Mexico Family Health Care, Relators, v. The Honorable Keith Sutherland, Respondent. (consolidated with) State ex rel. David Bowne, M.D., Relator, v. The Honorable Keith Sutherland, Respondent.

Relators in these cases are defendants in tort lawsuits originally filed in Audrain County. The plaintiffs in those suits sought a change of venue of right under Rule 51.03 because Audrain County has a population of fewer than 75,000 inhabitants.(FN1) The relators contend that section 508.011(FN2) prohibits application of Rule 51.03. Under the facts of these cases, chapter 508 does not contradi... More...   $0 (09-18-2007 - MO)

Elaine Pickel v. Ronald Gaskin, M.D. and Daniel Fabito, M.D.

Elaine Pickel ("Plaintiff") appeals from a judgment entered in favor of Daniel Fabito, M.D., Ronald Gaskin, M.D. and Southwest Medical Center, Inc. (collectively "Defendants") following a jury trial in the Circuit Court of the City of St. Louis on her claim of wrongful death. Plaintiff contends that the trial court erred in submitting Defendants' proposed verdict form. We affirm.

Stat... More...   $0 (07-28-2006 - MO)

Sam Bradford and Mollie Bradford v. BJC Corporate Health Services d/b/a Barnescare

BJC Corporate Health Services, d/b/a BarnesCare ("BarnesCare") appeals the judgment of the trial court on a jury verdict in favor of Sam Bradford ("plaintiff") on his claims of medical negligence. BarnesCare argues that the trial court improperly denied its motion to dismiss for lack of subject matter jurisdiction. BarnesCare also alleges that the court submitted an improper verdict directing i... More...   $250000 (06-29-2006 - MO)

Jane Doe v. Dr. Roe

Jane Doe a Hooters Restaurant employee sued Dr. Roe on a medical malpractice theory claiming that he acted below the standard of care in performing breast augmentation surgery on her and that she suffered a burn on her right breast during the procedure.

The defenses asserted by defendant are not available.... More...   $127000 (05-03-2006 - MO)

Cortez Strong v. American Cyanamid Company, et al.

Cortez Strong sued American Cyanamid Company on a products liability claiming that the polio vaccine manufactured and sold by it was defective and unreasonably dangerous and, as a direct result, Mr. Strong contracted polio and was injured and damaged. He also sued Dr. Georgia Santo-Jawaid, his pediatrician for medical malpractice. Strong, who contracted polio from the vaccine as an infant, was... More...   $8500000 (05-27-2005 - MO)

Vincent Redel and Rita Redel v. Capital Region Medical Center

Capital Region Medical Center ("Hospital") appeals the judgment entered upon a jury's verdict in favor of Vincent Redel ("Patient") and Rita Redel ("Wife") (collectively "Plaintiffs") for Hospital's medical negligence. We affirm in part and reverse and remand in part.

On October 26, 1998, Patient underwent bilateral knee replacement surgery, or surgery replacing both of his knees, at St. Ma... More...   $875000 (05-14-2005 - MO)

 
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