Ramsey v. Moore
946 N.E.2d 584
| Ind. Ct. App. | 2011Background
- Moore, as personal representative of Chreshonda Clark's estate, sued Dr. Ramsey and Methodist Hospital for alleged medical malpractice related to Clark's HELLP syndrome and death in 2004.
- A medical review panel process was scheduled with deadlines: panel submission due by September 28, 2008; panel opinion due by January 19, 2009.
- Moore did not tender a panel submission by the deadline or seek an extension with the Department of Insurance.
- On January 30, 2009, Methodist Hospital purportedly granted Moore a 60-day extension to March 31, 2009; Ramsey did not authorize or participate in the extension.
- Moore eventually tendered the panel submission on March 25, 2009; Ramsey and Methodist Hospital moved to dismiss for noncompliance, Moore opposed.
- The trial court denied the motions to dismiss on May 11, 2010; Ramsey and Methodist Hospital appealed, Moore cross-appealed seeking final judgment status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the May 11, 2010 order is final for appeal | Moore | Ramsey/Methodist | Final judgment; appeal lies as to dismissal issues |
| Whether Moore established good cause for untimely panel submission against Ramsey | Moore lacked timely submission; extension with Hospital not binding on Ramsey | Moore failed to show good cause; extension did not apply to Ramsey | Dr. Ramsey's motion to dismiss should have been granted; Moore failed to show good cause as to Ramsey |
| Whether Moore established good cause for untimely submission against Methodist Hospital | Moore relied on Hospital's extension; Hospital had authority to grant extension | Hospital lacked authority to waive Ramsey's deadlines; no binding extension for Hospital's panel submission | Trial court did not abuse in denying dismissal as to Hospital |
Key Cases Cited
- Beemer v. Elskens, 677 N.E.2d 1117 (Ind.Ct.App.1997) (dismissal disfavored; extreme sanction; consider prejudice and delay)
- Adams v. Chavez, 874 N.E.2d 1038 (Ind.Ct.App.2007) (failure to prosecute alone not sufficient for relief under I.C. 34-18-10-14)
- Rivers v. Methodist Hosp., Inc., 654 N.E.2d 811 (Ind.Ct.App.1995) (consider prejudice and conduct in sanctions under medical malpractice act)
- Rambo v. Begley, 796 N.E.2d 314 (Ind.Ct.App.2003) (180-day panel decision not a statute of limitations)
- Galindo v. Christensen, 569 N.E.2d 702 (Ind.Ct.App.1991) (preliminary determination and sanctions under medical malpractice act)
- Bueter v. Brinkman, 776 N.E.2d 910 (Ind.Ct.App.2002) (finality and timing of judgments; limits of interlocutory considerations)