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J.K.M. v. DEMPSEY

No. SD 29791.

317 S.W.3d 621 (2010)

J.K.M., Plaintiff-Appellant, v. Kenneth J. DEMPSEY, M.D., Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

July 28, 2010.

Attorney(s) appearing for the Case

Daniel H. Rau, Cape Girardeau, MO, for Appellant.

Robert J. Amsler, Jr., and David L. Hares, St. Louis, MO, for Respondent.

DON E. BURRELL, Judge.

J.K.M. ("Plaintiff")1 appeals the trial court's dismissal of his civil damages action against Kenneth J. Dempsey, M.D. ("Defendant") based on Plaintiff's failure to timely file the health care affidavit required by section 538.225.2 Although Plaintiff attempted to avoid characterizing his claims against Defendant as based on medical negligence...

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