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Woman who used FedEx to send med mal complaint didn’t timely file

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Third-party carriers are not included in the statute regarding filing proposed medical malpractice complaints with the Indiana Department of Insurance, so a woman’s complaint that was sent via FedEx within the two-year statute of limitations – but not stamped until after the limitations expired – is not considered timely filed, the Indiana Court of Appeals ruled.

Bonnie Moryl argued that her proposed medical malpractice complaint stemming from the death of her husband on April 20, 2007, which she sent to the DOI on April 19, 2009,  should be considered timely filed even though the department did not receive it and file stamp it until April 21. The defendants sought summary judgment, claiming the complaint was filed outside of the two-year statute of limitations, which the LaPorte Superior Court granted.  

This is an issue of first impression for Indiana courts, in which Moryl claims that because Ind. Rules of Trial Procedure and the Rules of Appellate Procedure consider a pleading filed on the date it was deposited with a third-party carrier, the Medical Malpractice Act should also allow a proposed complaint to be considered filed with the DOI on the day it was sent FedEx Priority Overnight.

“Moryl correctly observes that (Trial Rule 5(F)(4) and Appellate Rule 23 deem various documents filed when they are deposited with a third-party carrier. However, Moryl fails to demonstrate that these rules extend to Indiana Code section 34-18-7-3(b). As the trial court pointed out in the summary judgment order, the issue here does not involve a filing in this court or with the trial court. Rather, the case involves a filing with Department, which is an administrative agency,” Judge John Baker wrote in Bonnie Moryl, as Surviving Spouse and Personal Rep. of the Estate of Richard A. Moryl, Deceased v. Carey B. Ransone, M.D.; La Porte Hospital; Dawn Forney, RN; Wanda Wakeman, RN BSBA; et al., 46A04-1112-CT-710.

“There are no provisions suggesting that a proposed complaint is considered filed with the Department – an administrative agency – when it is deposited with a third-party commercial carrier. And contrary to Moryl’s argument that the statutes are ambiguous regarding the use of a third-party carrier, Indiana Code section 34-18-7-3(b) provides that a proposed complaint is considered filed when a copy of the proposed complaint is delivered or mailed by registered or certified mail to the Department. The use of other methods such as first class mail, a third-party carrier, or messenger, commands that filing a medical malpractice complaint under Indiana Code section 34-18-7-1(b) occurs on the date that the pleadings or complaint is received.”

Baker also pointed out that the Indiana Supreme Court has made it clear that trial rules do not govern the operations of administrative agencies or conditions precedent to the judicial review of administrative decisions.

 

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  • Timely
    What on earth gives the courts the right to set time limits on filing law suits? In fact what gives the courts or the lawmakers the right to set time limits on anything. If the law and the courts can prevent a person from receiving just compensation, by setting time limits, then there should be a statute of limitations on murder!

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

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  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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