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SPRADLING v. SSM HEALTH CARE ST. LOUIS

No. SC 90613.

313 S.W.3d 683 (2010)

Ann SPRADLING, et al., Appellants, v. SSM HEALTH CARE ST. LOUIS, et al., Respondents.

Supreme Court of Missouri, En Banc.

June 29, 2010.

Attorney(s) appearing for the Case

Joan M. Lockwood, Stephen R. Woodley of Gray, Ritter & Graham PC, St. Louis, for the Spradlings.

Jeffery T. McPherson, Thomas B. Weaver, Timothy J. Gearin, Anna T. Selby of Armstrong Teasdale LLP, Kenneth W. Bean, Jaime L. Sitton of Sandberg, Phoenix & von Gontard PC, St. Louis, for health care defendants.

Stephen G. Reuter of Lashley & Baer PC, Anne Garcia of St. Louis University Medical Center, St. Louis, for Saint Louis University.

MARY R. RUSSELL, Judge.

The issue in this medical negligence case is whether the health care affidavit filed pursuant to section 538.225.21 was based upon an opinion by a "legally qualified health care provider" who actively practiced "substantially the same specialty" as the defendant. This Court finds that the phrase "substantially the same specialty" used in section 538.225.2 does not require that a "legally qualified health care provider...

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