The defendants brought a motion for summary judgment seeking dismissal of a dental malpractice claim.
The plaintiff alleged negligent dental treatment involving implants and extractions but failed to provide proper expert evidence supporting breach of the standard of care or causation.
The court held that professional negligence claims require admissible expert opinion evidence from a qualified professional and that such evidence must comply with Rule 53.03 of the Rules of Civil Procedure.
The document relied upon by the plaintiff was not sworn, did not meet expert report requirements, and was therefore inadmissible.
Without admissible expert evidence, the plaintiff’s claim had no reasonable prospect of success.