ILNews

Medmal claim sent via FedEx before deadline was timely filed

Back to TopCommentsE-mailPrintBookmark and Share

A medical malpractice complaint was timely filed when an attorney delivered it to Federal Express a day before the statutory deadline, the Indiana Supreme Court ruled, reversing lower court orders and remanding the complaint to the trial court.

Justices reversed a grant of summary judgment in favor of defendants that was issued by a LaPorte Superior Court and affirmed by the Court of Appeals in Bonnie Moryl, as Surviving Spouse and Personal Representative of the Estate of Richard A. Moryl v. Carey B. Ransone, M.D., La Porte Hospital, Dawn Forney, RN, Wanda Wakeman, RN BSBA, et al., 46S04-1403-CT-149. 

In a unanimous opinion by Chief Justice Brent Dickson, justices settled an issue of first impression, holding “that the commencement of a medical malpractice action occurs when a copy of the proposed complaint is deposited for mailing by registered mail or by certain private delivery services and that the plaintiff’s complaint was timely filed in this case.”

Richard Moryl died under the defendants’ care at LaPorte Hospital on April 20, 2007, and the proposed malpractice complaint was sent via FedEx to the Indiana Department of Insurance on April 19, 2009. The department received and file stamped the complaint April 21, one day after the filing deadline, and the trial court granted summary judgment on the basis of untimely filing.

Justices analyzed conflicting statutes that until recent years were ambiguous as to whether cases were deemed filed when provided to a courier or third-party carriers other than the U.S. Postal Service. Longstanding Indiana law has provided that matters are filed when they are delivered or mailed by certified or registered mail.
 
"Our decision constitutes a refusal to elevate form over substance," Dickson wrote. "We see no substantive difference between a proposed medical malpractice complaint mailed via FedEx Priority Overnight, tracking and return receipt requested, and a proposed complaint mailed via USPS registered and certified mail. And neither does the Indiana General Assembly, as evident by their adoption of Indiana Code section 1-1-7-1."
 
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  2. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  3. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

  4. Sounds like overkill to me, too. Do the feds not have enough "real" crime to keep them busy?

  5. We live in the world that has become wider in sense of business and competition. Everything went into the Web in addition to the existing physical global challenges in business. I heard that one of the latest innovations is moving to VDR - cloud-based security-protected repositories. Of course virtual data rooms comparison is required if you want to pick up the best one.

ADVERTISEMENT