Missouri Court of Appeals, Eastern District / Jun 13, 2023
Jimmy D. Cook, Appellant, vs. Parkland Health Center, et al., Defendants, and Dr. Lawrence Brown, et al., Respondents.
Jimmy D. Cook appealed the circuit court's dismissal of his medical malpractice claims against Dr. Lawrence R. Brown and Dr. Michael Clippard. The circuit court dismissed the claims because Cook failed to file a signed affidavit of merit as required by Section 538.225 RSMo. The appellate court affirmed, holding that an affidavit of merit must be signed to be effective, that a nunc pro tunc order could not correct the missing signature, and that the statutory requirement is constitutional.