Angela Clark v. Dr. Roseann Maikis

Syllabus

A plaintiff sued a physician and the physician's practice, alleging the physician performed a biopsy during a medical office visit without the plaintiff's consent. The trial court dismissed the plaintiff's claim for failure to comply with the pre-suit notice requirement in the Health Care Liability Act. Because the court also determined that the action was time-barred, it dismissed the complaint with prejudice. We conclude that the plaintiff's claim relates to the provision of, or failure to provide, health care services. So we affirm the dismissal of the complaint for failure to comply with the Health Care Liability Act. But because we conclude that the complaint does not clearly show that it was filed more than one year after the plaintiff discovered the injury, we modify the dismissal to a dismissal without prejudice.