State Ex Rel. Cardinal Glennon Memorial Hospital for Children v. Gaertner

I concur in the majority opinion of Don-nelly, J., and I do so for several reasons.

First, I believe the requirement contained in § 538.020 “[bjefore any action seeking damages from a professional alleging malpractice . . can be filed in any court . the plaintiff . . . must have complied with the provisions of sections 538.010 and 538.080” is in conflict with Art. I, § 14, Mo. Const., providing “[tjhat the courts of justice shall be open to every person . . . ” and is a denial of immediate access to the courts of this state. In my opinion any substantial impediment barring access to the…