Alfred J. (A.J.) Giudicy v. Mercy Hospitals East Communities f/k/a St. John's Mercy Medical Center, and Michael J…

Summary

The Court affirmed dismissal without prejudice of Giudicy’s medical-malpractice action because he filed the required affidavits of merit 198 days after filing his petition, beyond the statutory 180-day maximum. It held that the statutory deadline could not be extended under Rule 44.01(b), that the statute and its amendment survived Giudicy’s constitutional challenges, that the medical providers did not waive the dismissal ground, and that late filing was not substantial compliance. No separate opinions were filed.