Plaintiff appealed the grant of defendant’s motion to dismiss the complaint for plaintiff’s failure to comply with the affidavit of merit requirement. Plaintiff argued that the trial court erred in finding the requirement applicable to the case.
Where plaintiff did not allege injuries stemming from the failure to render medical treatment, he was not required to file an AOM.
Judgment is reversed and remanded.
J.J. v. Poplar Bluff Regional Medical Center, L.L.C. (MLW No. 80540/Case No. ED111339 – 12 pages) (Missouri Court of Appeals, Eastern District, Gaertner, J.) Appealed from circuit court, Cape Girardeau County, Lewis, J. (Maureen M. Brady, Lucy G. McShane, Richard L. Rollings, Jr., for appellant) (Michael D. Murphy, Stacy N. Harper, Sarah E. Heise, Barry L. Pickens, for respondent)