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Justices dismiss malpractice complaint appeal

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The Indiana Supreme Court has vacated transfer to a case involving a proposed medical malpractice claim, finding that the trial court order at issue is not a final appealable judgment.

In Keith M. Ramsey, M.D., The Methodist Hospitals, Inc. v. Shella Moore, No. 45S05-1105-CT-281, Shella Moore filed a medical malpractice complaint in 2006 regarding the death of Creshonda Clark and the stillbirth of her fetus. She did not timely file her case to the medical review panel as required by statute, so defendants Dr. Keith Ramsey and the hospital sought a preliminary determination and dismissal of Moore’s proposed complaint. The trial court dismissed the portion of Moore’s proposed complaint dealing with the death of the fetus, but refused to dismiss her complaint in its entirety based on the lateness of her submission.

Ramsey and the hospital argued that this action is appealable and was a final judgment by the trial court; Moore has claimed that the trial court decision wasn’t a final appealable judgment. A divided panel of the Indiana Court of Appeals affirmed the order as to the hospital but reversed as to Ramsey. The justices, however, agreed with Moore that the trial court order isn’t appealable.

Justice Steven David, writing for the court, looked at the relevant portions of the state’s Medical Malpractice Act and whether the order falls under Indiana Appellate Rule 2(H) as a final judgment. Neither Appellate Rule 2(H)(1) nor 2(H)(2) apply in the instant case, the justices found. They dismissed the appeal for lack of subject matter jurisdiction.

 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

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  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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