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Medical Malpractice: Wrongful Death – Statute of Limitations – Misnomer

Where a wrongful death lawsuit was filed against Washington University, Barnes Jewish St. Peters Hospital and John and Jane Doe health providers less than half an hour before the three-year statute of limitations expired, the plaintiffs could not amend the suit two years later in order to dismiss several of the defendants and add BC Emergency Physicians, and two doctors who did not receive notice of the original petition filing and the amendments adding the new parties did not relate back to the original filings under the doctrine of misnomer.

Preliminary writ made permanent.

State of Missouri ex rel. Holzum v. Schneider (MLW No. 62473/Case No. SC91434/SC91418 – 9 pages) (Missouri Supreme Court, Wolff, J.) Proceedings from circuit court, St. Charles County, Schneider, J. (Michael J. Smith and Tricia J. Mueller, St. Louis, for relator Holzum;

Terese A. Drew and Kara L. Kezios, St. Louis, for relator BC Missouri Emergency Physicians, Landry and Poggemeier) ( Mark T. McCloskey and Patricia N. McCloskey, St. Louis, for respondent) (Peter J. Krane and Jennifer C. Hansen, St. Louis, for defendant Barnes-Jewish St. Peters).

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