Caplinger v. Rahman

A medical malpractice plaintiff must obtain an opinion of merit from a “legally qualified health care provider,” then file timely notice thereof by affidavit, all in accordance with § 538.225 procedure.1 The statute offers an opportunity to overcome opinion deficiencies (subsection 7), but the notice requirement (subsection 6) is strictly construed. Unless a compliant *329affidavit is timely filed, the case must be dismissed without prejudice. See, e.g., Lang v. Goldsworthy, 470 S.W.3d 748 (Mo. banc 2015); Mayes v. Saint Luke’s Hosp., 430 S.W.3d 260 (Mo. banc 2014); Austin v. Schiro, 466 S.W.3d…