Wed, Nov 23, 2016

Eastman and Brinker Win Dismissal of Medical Malpractice Suit

After extensive briefing and several days of oral argument, Andrew Eastman and Jeffrey Brinker won the dismissal of a medical malpractice suit which had been filed as a breach of contract action. Plaintiff, a woman unsatisfied with the results of a cosmetic surgery, argued that she had contracted for a particular surgical outcome with Defendant, a plastic surgeon, and that Defendant had breached their contract by failing to deliver satisfactory cosmetic results. Contrary to Plaintiff’s theory, Eastman and Brinker argued that her “true claim” was based on the provision of medical services pursuant to a physician-patient relationship, bringing her suit within the scope of a Missouri law requiring that any such action be supported by an affidavit of merit. Absent such an affidavit, that same law requires that the case be dismissed. The Court agreed, ruling that dismissal under such circumstances was mandatory.