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Journey’s Account Statute applies to proposed medical malpractice complaint

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The Indiana Court of Appeals Wednesday affirmed that the Journey’s Account Statute applies to revive a proposed medical malpractice complaint filed on behalf of a woman’s granddaughter as her guardian.

Carrie Etta McGoffney resided at Royal Oaks Health Care and Rehabilitation Center for 10 months. After her stay, McGoffney’s daughter, Kelly, filed a proposed medical malpractice complaint on behalf of her mother, even though Kelly’s sister, Ivy, was McGoffney’s sole guardian and attorney-in-fact.

The complaint was dismissed in late December 2011, but when Keeli Mayes, Carrie McGoffney’s granddaughter, was appointed as guardian, she filed what she called an amended proposed medical malpractice complaint. Royal Oaks sought summary judgment, saying the filing was untimely. The trial denied summary judgment. The Court of Appeals affirmed in Kindred Nursing Centers, d/b/a Royal Oaks Health Care and Rehabilitation Center v. The Estate of Carrie Etta McGoffney, 84A04-1402-MI-56.

“We conclude that the circumstances of this case warrant application of the JAS and support the trial court’s judgment. We see no indication in the record that Kelly was anything but diligent in her prosecution of the proposed complaint or acted in bad faith. After timely filing the first proposed medical malpractice complaint on Carrie’s behalf, Kelly secured a nunc pro tunc order from the Probate Court providing that she had the legal authority to do just that,” Judge Cale Bradford wrote. “In essence, the Probate Court created a limited guardianship in Kelly for the purpose of pursuing a medical malpractice complaint, one that was in effect until the appointment of Keeli.

“Additionally, the complaint filed by Kelly was dismissed because the superior court concluded that she did not have standing to file suit on behalf of Carrie, which, even if the correct decision, had nothing to do with the merits of the complaint. In summary, the suit was timely filed, diligently prosecuted in good faith, and it failed for a reason other than Kelly’s negligence. The complaint filed by Keeli, essentially identical to the one previously filed by Kelly, therefore survives pursuant to the JAS.”

 

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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