Curtis Myers v. Amisub (sfh), Inc., D/b/a St. Francis Hospital

Summary

The Court held that the statutory requirements to provide sixty days’ pre-suit notice and file a certificate of good faith in a medical malpractice action are mandatory and cannot be satisfied through substantial compliance based on a previously dismissed lawsuit. Because the plaintiff filed a new action without either requirement and showed neither extraordinary cause nor a provider’s failure to produce records, dismissal with prejudice was required under the certificate-of-good-faith statute. The Court affirmed the Court of Appeals’ reversal of the trial court and dismissed the action.