Mahoney v. Doerhoff Surgical Services, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting “the affidavit section prescribes a procedure in the early stage of suit to detect that frivolousness”
• implying a dismissal for failure to state a claim may only be with prejudice after the petition has been dismissed without prejudice and “the party elects not to plead further”
• constitutional under the access to courts and jury trial provisions to require a screening of medical malpractice claims before a lawsuit could be brought
• “The preservation of the public health is a paramount end of the exercise of the police power of the state.”
• “[T]he allegations of negligence against the several health care provider defendants are of the kind that require the aid of expert medical testimony to prove the acceptable standard of professional care.”
• A dismissal which is on grounds which preclude the dismissed party from bringing another action, because the basis of the objection cannot be corrected, is appealable, and once final is res judicata of the matters determined therein.

Source: CourtListener parenthetical corpus (CC0).