Negligence :  Medical Negligence –  Health Care Affidavit –  Substantial Compliance

Where a plaintiff in a medical negligence case submitted a single healthcare affidavit that related to all defendants, which did not strictly comply with the statutory requirement to file a separate affidavit for each defendant, the judgment dismissing her claim is reversed and remanded because she substantially complied with the statutory requirements.

Judicial discretion

Dissenting opinion by Odenwald, J.: “Ferder concedes that her single affidavit was deficient and did not comply with Section 538.225.4. She nevertheless maintains that her substantial compliance with the statute rescues her petition from the mandatory dismissal provided by the legislature in its amendment to Section 538.225. I am sympathetic to Ferder’s position, and agree that her affidavit substantially complied with the statutory requirements of Section 538.225. However, I am not persuaded that the statute allows this Court the discretion to disregard the express directive of the statute upon a finding of substantial compliance.”

Judgment is reversed and remanded.

Ferder v. Scott (MLW No. 71796/Case No. ED106130 – 13 pages) (Missouri Court of Appeals, Eastern District, Robert G. Dowd Jr., J.) Appealed from circuit court, St. Louis City, McLaughlin, J. (Thomas G. Kemper for appellant) (Erika N. Reynolds for respondent).

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