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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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