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Sep 26, 2016

Dismissal of hospital client upheld on appeal


In a medical negligence case arising from a month-long hospitalization and significant brain injury, the trial court dismissed the case against our hospital client due to plaintiff’s counsel’s failure to timely re-file it after a voluntary dismissal. On appeal, the Missouri Court of Appeals, Eastern District, affirmed the trial court’s ruling, rejecting plaintiff’s argument that her mental incompetency tolled the statute of limitations and saved the untimely re-filing of the lawsuit.