Greensfelder team obtains favorable opinion in appeal involving medical negligence and battery claims

June 26, 2014

Greensfelder attorneys Mandy Kamykowski and Joshua Stevens obtained a favorable opinion in the Missouri Court of Appeals on a case involving medical negligence and battery claims.

The plaintiff alleged improper incision placement, infection, scarring, numbness and a weakened abdominal wall as result of liposuction and abdominoplasty surgery performed by surgeon defendant. Our team obtained summary judgment on behalf of the defendant in trial court by arguing the true claim in the case was for medical negligence and not “medical battery.” The plaintiff did not file a medical affidavit as required in medical negligence cases.

The Court of Appeals affirmed the trial court’s findings that plaintiff was required to file an affidavit and failed to do so. The higher court also reversed the entry of summary judgment and dismissed the plaintiff’s petition without prejudice.