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Legal Opinion

Downey v. Mitchell

Missouri Court of Appeals

Decided August 4, 1992No. 61058PublishedCited by 16 opinions

1Opinion of the Court

CARL R. GAERTNER, Judge.

Plaintiff, Lisa Downey, appeals from the trial court’s order dismissing her medical malpractice action against Dr. Thomas J. Mitchell and Missouri Baptist Hospital of Sullivan.

Plaintiff filed a petition alleging medical malpractice by defendants for their unauthorized performance of a tubal ligation during her cesarean section delivery. The trial court dismissed the petition for failure to state a claim and failure to file medical opinion affidavits as required by § 538.225 RSMo 1986. However, the court granted plaintiff thirty days to amend her petition and file the…

2Cases cited7 opinions

  1. Mahoney v. Doerhoff Surgical Services, Inc.Supreme Court of Missouri · 1991
  2. Magee v. Blue Ridge Professional Building Co.Supreme Court of Missouri · 1991
  3. Nappier v. KincadeMissouri Court of Appeals · 1984
  4. Baker v. City of Kansas CityMissouri Court of Appeals · 1984
  5. Goff v. St. Luke's Hospital of Kansas CitySupreme Court of Missouri · 1988

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Green v. City of St. LouisSupreme Court of Missouri · 1994
  2. Saidawi v. Giovanni's Little Place, Inc.Missouri Court of Appeals · 1999
  3. Glidewell v. S.C. Management, Inc.Missouri Court of Appeals · 1996
  4. Century Fire Sprinklers, Inc. v. CNA/Transportation Insurance Co.Missouri Court of Appeals · 2000
  5. Southwestern Bell Telephone Co. v. Missouri Commission on Human RightsMissouri Court of Appeals · 1993

11 more not listed; retrieve them via the Exa API.

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