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Apr 30, 2019

Trial court's dismissal of hospital client upheld on appeal

In this medical negligence case involving allegations that a patient was dropped or mishandled on one or more occasion, causing significant injuries to her right femur and patella, the trial court dismissed the plaintiff’s re-filed survival claim against our hospital client on statute of limitations grounds. On appeal, the Missouri Court of Appeals, Eastern District, affirmed the trial court’s ruling, rejecting plaintiff’s argument that the untimely filing related back to an earlier, timely filed suit because the plaintiff in the first suit lacked standing to pursue a survival claim.