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Medmal claim sent via FedEx before deadline was timely filed

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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."
 
 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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