215 A.3d 804
Me.2019Background
- In 2014 Salerno, post-hip-replacement, attended water therapy at a Saco facility and used Spectrum’s locker room to change clothes.
- The only locker-room bench was unavailable; a heavy rubber mat was misplaced and the handicapped-accessible shower seat was used instead.
- Salerno slipped and injured herself in the locker room; she filed a premises-liability tort complaint more than three years later (Dec. 11, 2017).
- Spectrum moved to dismiss under M.R. Civ. P. 12(b)(6), arguing the claim is actually an MHSA "action for professional negligence" and thus subject to MHSA pre-suit procedures and a three-year limitations period.
- The Superior Court denied the motion; Spectrum appealed interlocutorily, arguing the denial is reviewable under the death-knell exception to the final-judgment rule.
- The Maine Supreme Judicial Court accepted interlocutory review under the death-knell exception and affirmed the denial, holding the locker-room fall did not "arise out of the provision or failure to provide health care services" under the MHSA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether interlocutory appeal is reviewable | Salerno: appeal is not final and should be deferred | Spectrum: denial of MHSA dismissal irreparably deprives MHSA rights (prelitigation panel, confidentiality) — death-knell exception applies | Court: death-knell exception applies; MHSA protections (settlement mechanism, confidentiality) would be irreparably lost without immediate review |
| Whether Salerno’s claim is an "action for professional negligence" under the MHSA | Salerno: framed claim as premises liability unrelated to health-care provision | Spectrum: injuries occurred on premises of a health-care provider and thus fall within MHSA’s scope; MHSA procedural rules and limitations apply | Court: claim did not arise out of the provision or failure to provide health-care services; MHSA does not apply; denial of dismissal was correct |
Key Cases Cited
- Fiber Materials, Inc. v. Subilia, 974 A.2d 918 (Me. 2009) (death-knell exception: interlocutory review warranted when appellant would lose substantial rights irreparably)
- Butler v. Killoran, 714 A.2d 129 (Me. 1998) (describing MHSA purpose as comprehensive tort reform to address malpractice insurance availability and cost)
- Sullivan v. Johnson, 628 A.2d 653 (Me. 1993) (explaining MHSA prelitigation panel purpose to separate meritorious from nonmeritorious claims and encourage early resolution)
- Winona Memorial Foundation of Indianapolis v. Lomax, 465 N.E.2d 731 (Ind. Ct. App. 1984) (trip-and-fall in route to therapy treated as premises liability, not medical-malpractice)
- Zobac v. Se. Hospital Dist. of Palm Beach County, 382 So. 2d 829 (Fla. Dist. Ct. App. 1980) (patient slipping on hospital floor was not within medical-liability statute)