Legal Opinion

Spears ex rel. Clendening v. Freeman Health Systems

Missouri Court of Appeals

Decided July 17, 2012No. SD 31389PublishedCited by 7 opinions

1Opinion of the CourtJeffrey W. Bates, J.

Sara Spears (Mother) appeals from the order of the trial court dismissing without prejudice her cause of action against Freeman Health Systems, Ozark Center, Sherri Severson, Kelly Williams and Jennifer Forsythe (hereinafter referred to collectively as Defendants) for failing to file a health care affidavit pursuant to § 538.225.1.1 Mother argues that a health care affidavit was not required because her petition alleged a cause of action based upon ordinary negligence, rather than medical negligence. Finding no merit in that argument, we affirm.

In April 2010, Mother filed a petition for…

2Cases cited20 opinions

  1. Mahoney v. Doerhoff Surgical Services, Inc.Supreme Court of Missouri · 1991
  2. Devitre v. Orthopedic Center of Saint Louis, LLCSupreme Court of Missouri · 2011
  3. Oak Park, Inc. v. Harrison, Texas Court of Appeals, 11th District (Eastland)2006
  4. Morrison v. St. Luke's Health Corp.Missouri Court of Appeals · 1996
  5. Alcoy v. Valley Nursing Homes, Inc.Supreme Court of Virginia · 2006

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3Cited by7 opinions

  1. Coby v. Fresenius Medical Care Holdings, Inc.District Court, D. Massachusetts · 2015
  2. Mary Ann Thomas v. Amy K. Miller, M.D.Missouri Court of Appeals · 2014
  3. CINDY SILLYMAN v. DAVID O. BARBE, M.D., and ST. JOHN'S PHYSICIANS AND CLINICS, INC., d/b/a ST. JOHN'S CLINIC, Defendants-Respondents.Missouri Court of Appeals · 2014
  4. State ex rel. Red Cross Pharmacy, Inc. v. HarmanMissouri Court of Appeals · 2013
  5. A.O., Individually, Plaintiff-Appellant v. LESTER E. COX MEDICAL CENTERS, d/b/a COX MEDICAL CENTER SOUTH, and COXHEALTH, Defendants-RespondentsMissouri Court of Appeals · 2025

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