Supreme Court of Missouri / Jun 14, 2022
Alfred J. (A.J.) Giudicy, Appellant, vs. Mercy Hospitals East Communities f/k/a St. John's Mercy Medical Center, and Michael J. Chehval, M.D., Respondents.
Alfred J. Giudicy appealed the circuit court's dismissal of his medical malpractice case without prejudice for failing to file an affidavit of merit within 180 days, as required by section 538.225. Giudicy argued the statute was unconstitutional, that the defense was waived, and that he substantially complied. The Missouri Supreme Court affirmed the dismissal, rejecting all of Giudicy's arguments, finding the statute constitutional, the defense not waivable, and no substantial compliance with the filing deadline.