Lang v. GoldsworthyAnnotate this Case
Plaintiffs filed a wrongful death action alleging that the negligent chiropractic services of Defendants caused the death of their relative. Plaintiffs filed an affidavit stating that they obtained the written opinion of a qualified health care provider in support of their claims as required by Mo. Rev. Stat. 538.225. Plaintiffs later voluntarily dismissed that action. Thereafter, Plaintiffs refiled an identical petition in the same court but did not attach the affidavit to their new petition. The trial court dismissed the action without prejudice under action 538.225 because Plaintiffs failed to file the affidavit within 180 days of filing the second action. The Supreme Court affirmed, holding that the trial court properly sustained Defendants’ motion to dismiss without prejudice for Plaintiffs’ failure to comply with the requirements of section 538.225.