Paul M. Lang and Allison M. Boyer v. Dr. Patrick Goldsworthy

The issue on appeal here is whether the trial court erred in granting a motion to dismiss a wrongful death action alleging medical negligence pursuant to section 538.2251 because no health care affidavit was filed in the case. Plaintiffs argue that the affidavit requirement of the statute is unconstitutional because it arbitrarily bars their case from proceeding in violation of the “open courts” doctrine and the right to a jury trial. Mo. Const, art. I, secs. 14, 22(a). Although Plaintiffs had in their possession a compliant affidavit that they had filed in their first cause of action, they…