Brown v. MISSOURI DELTA MEDICAL CENTER

DANIEL E. SCOTT, Chief Judge.

Appellant Brown sued Respondent Medical Center in 2006, alleging medical negligence in the death of his son. He voluntarily dismissed his case on July 19, 2007. See Brown v. MO Delta Med. Ctr., 293 S.W.3d 28, 29 (Mo.App.2009). 1

Brown filed a second wrongful death petition in 2009, which the trial court dismissed as time-barred for two reasons:

1. The trial court deemed Brown’s claims subject to the two-year limitations period for medical malpractice, under which even his first case would have been untimely. See § 516.105. 2

2. Whether the initial filing was timely…