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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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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