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LANG v. GOLDSWORTHY

No. SC 94814.

470 S.W.3d 748 (2015)

Paul M. LANG and Allison M. Boyer, Appellants, v. Dr. Patrick GOLDSWORTHY, et al., Respondents.

Supreme Court of Missouri, en banc.

Opinion issued October 13, 2015.

Attorney(s) appearing for the Case

The surviving family members were represented by Kenneth B. McClain , Michael S. Kilgore , Jonathan M. Soper and Daniel A. Thomas of Humphrey, Farrington & McClain PC in Independence, (816) 836-5050.

The Goldsworthys were represented by Timothy M. Aylward , Bradley M. Dowd and Diana M. Jordison of Horn Aylward & Bandy LLC in Kansas City, (816) 421-0700.

The Missouri Hospital Association and Missouri Organization of Defense Lawyers, which filed a brief as friends of the Court, were represented by Edward C. Clausen and Joshua L. Hill of Newman, Comley & Ruth PC in Jefferson City, (573) 634-2266.

The issue on appeal here is whether the trial court erred in granting a motion to dismiss a wrongful death action alleging medical negligence pursuant to section 538.2251 because no health care affidavit was filed in the case. Plaintiffs argue that the affidavit requirement of the statute is unconstitutional...

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