Gaynor v. Washington University

KATHLANNE KNAUP CRANE, Presiding Judge.

Plaintiff appeals from the judgment of the trial court dismissing her medical malpractice action based on res ipsa loquitur on the ground that she failed to file the health care affidavits required by section 538.225 RSMo (2005 Supp.). 1 In her sole point on appeal, she contends that the trial court erred in dismissing her action. She reasons that she should be exempt from filing the affidavits required by section 538.225 because her action was based on res ipsa loquitur and she would not be required or permitted to use expert testimony at trial. We…