Legal Opinion

Spradling v. SSM Health Care St. Louis

Supreme Court of Missouri

Decided June 29, 2010No. SC 90613PublishedCited by 44 opinions

1Opinion of the Court

MARY R. RUSSELL, Judge.

The issue in this medical negligence case is whether the health care affidavit filed pursuant to section 538.225.2 1 was based upon an opinion by a “legally qualified health care provider” who actively practiced “substantially the same specialty” as the defendant. This Court finds that the phrase “substantially the same specialty” used in section 538.225.2 does not require that a “legally qualified health care provider” have the same board certification as the defendant. While the legislature did not define “substantially the same specialty,” one who repeatedly performs…

2Cases cited7 opinions

  1. Mahoney v. Doerhoff Surgical Services, Inc.Supreme Court of Missouri · 1991
  2. South Metropolitan Fire Protection District v. City of Lee's SummitSupreme Court of Missouri · 2009
  3. Lane v. LensmeyerSupreme Court of Missouri · 2005
  4. Derousse v. State Farm Mutual Automobile Insurance Co.Supreme Court of Missouri · 2009
  5. Nordberg v. MontgomerySupreme Court of Missouri · 1943

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

3Cited by44 opinions

  1. Watts ex rel. Watts v. Lester E. Cox Medical CentersSupreme Court of Missouri · 2012
  2. Devitre v. Orthopedic Center of Saint Louis, LLCSupreme Court of Missouri · 2011
  3. Schmitz v. Great American Assurance Co.Supreme Court of Missouri · 2011
  4. Dickemann v. Costco Wholesale Corp.Supreme Court of Missouri · 2018
  5. State ex rel. Goldsworthy v. KanatzarSupreme Court of Missouri · 2018

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

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