J.K.M. v. Dempsey

DON E. BURRELL, Judge.

J.K.M. (“Plaintiff’) 1 appeals the trial court’s dismissal of his civil damages action against Kenneth J. Dempsey, M.D. (“De fendant”) based on Plaintiffs failure to timely file the health care affidavit required by section 538.225. 2 Although Plaintiff attempted to avoid characterizing his claims against Defendant as based on medical negligence, the factual averments set forth in Plaintiffs petition required that such an affidavit be filed. Because Plaintiff did not file a health care affidavit within the time allowed by statute, the trial court was required to dismiss…