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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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