Ann L. Miller and Richard A. Miller v. Glenn L. Dobbs, D.O., and Partners in Health
976 N.E.2d 91
Ind. Ct. App.2012Background
- Ann Miller suffered a severe stroke in 2006 allegedly due to negligence by Dr. Dobbs and Partners in Health.
- Indiana Medical Malpractice Act required filing within two years of the alleged act (April 4, 2008 for this case).
- Millers mailed a proposed medical-malpractice complaint to the Indiana Department of Insurance on March 18, 2008, but without the required filing/processing fees.
- Fees were mailed later (April 4, 2008) and received by the Department on April 7, 2008, three days after the limitations period expired.
- The Millers filed a separate malpractice action in Dearborn Superior Court on March 31, 2008, while the proposed Department filing was pending.
- Medical Review Panel issued its opinion in July 2010; Defendants argued the action was time-barred and moved for summary judgment in November 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether proposed complaint tolls the statute. | Millers contend tolling occurred when mailed March 18, 2008. | Tolling requires timely filing with fees; the Department did not receive fees until April 7, 2008. | Reversed; proposed complaint timely filed |
| Effect of missing filing/processing fees with proposed complaint. | Filing fees later paid should not defeat timeliness where notice and proceeding commenced. | Fees accompany proposed complaints; failure to pay renders filing ineffective. | Reversed; fees paid shortly after to cure defect permitted timely filing |
| Waiver of statute-of-limitations defense. | Defendants waived by not raising it prior to Medical Review Panel opinion. | Defense properly raised after panel; not waived. | Resolved in Millers' favor; summary judgment reversed |
Key Cases Cited
- Boostrom v. Bach, 622 N.E.2d 175 (Ind. 1993) (filing fees and timely filing central to limitations)
- Fort Wayne International Airport v. Wilburn, 723 N.E.2d 967 (Ind.Ct.App. 2000) (timely filing vs. timely payment of summons/fees)
- Ray-Hayes v. Heinamann, 760 N.E.2d 172 (Ind. 2002) (amended filing considerations; Trial Rule 3 sequencing)
- McGill v. Ling, 801 N.E.2d 678 (Ind.Ct. App. 2004) (MMA tolling and medical-review-panel requirements)
- Omni Ins. Grp. v. Poage, 966 N.E.2d 750 (Ind. Ct. App. 2012) (preference to decide merits when possible)
- Burd Mgmt., LLC v. State, 831 N.E.2d 104 (Ind. 2005) (statutory harmonization; presumption of effect when possible)
- Webster v. Walgreens Co., 966 N.E.2d 689 (Ind. Ct. App. 2012) (premature dismissal for insufficient postage in filings)
- Comer v. Gohil, 664 N.E.2d 389 (Ind. Ct. App. 1996) (notice/readiness concepts in filing timelines)