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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. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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