Mary Ann Thomas v. Amy K. Miller, M.D.

ROBERT G. DOWD, JR., Judge.

Mary Ann Thomas appeals from the granting of summary judgment on her claims against Amy K. Miller, M.D., for injuries arising from an abdominoplasty performed after liposuction. The motion for summary judgment was based on Thomas’s failure to submit a health care affidavit in accordance with Section 538.225.1. Thomas argues that her claim against Dr. Miller was for battery and, therefore, she was not required to file a health care affidavit. Even if she was so required, Thomas contends, the trial court should have dismissed her case without prejudice instead of…