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Negligence : Medical Negligence – Battery – Health Care Affidavit
Stephanie Maniscalco//June 19, 2014//
Where a plaintiff brought an action for battery against her doctor following injuries that arose from an abdominoplasty after liposuction, the issue was properly raised in a motion for summary judgment, and the case is dismissed without prejudice because the true claim was for medical negligence, so a health care affidavit was required.
Dismissed.
Thomas v. Miller (MLW No. 66530/Case No. ED98955 – 10 pages) (Missouri Court of Appeals, Eastern District, Dowd Jr., J.) Appealed from circuit court, St. Louis County, Seigel, J. (Michael P. Steeno and Stephen J. Barber for appellant) (Kevin F. O’Malley, Mandy J. Kamykowski and
Joshua A. Stevens for respondent).
Read the full text of this opinion. (PDF)
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