Ramsey v. Moore
2012 Ind. LEXIS 2
| Ind. | 2012Background
- Moore, as personal representative of the estate, sued Dr. Ramsey and Methodist Hospitals for medical malpractice in Indiana.
- A medical review panel was selected; deadline for Moore to submit evidence to the panel was September 28, 2008; MMA required a panel opinion within 180 days after final panel member selection (by Jan 19, 2009).
- Moore did not submit by the deadline or seek an extension; three letters requesting extension were sent, but no timely panel submission occurred before the deadlines.
- Dr. Ramsey and the hospital filed petitions for a preliminary determination asking the trial court to dismiss Moore’s complaint for failure to tender a timely panel submission.
- Moore tendered her panel submission on March 25, 2009; trial court denied the dismissal request and later granted partial summary judgment on a fetus-in-utero loss-of-chance claim, which Moore appealed.
- The Indiana Supreme Court dismissed the appeal for lack of subject matter jurisdiction, holding the order at issue was not a final appealable judgment nor an appealable interlocutory order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court’s order is a final appealable judgment under Appellate Rule 2(H)(1). | Moore: order ends the dispute on the submission issue. | Ramsey/Hospital: order is a final judgment. | No; not a final judgment under Rule 2(H)(1). |
| Whether the order qualifies as a final judgment under Rule 2(H)(2) (54(B) certification). | Moore: 54(B) language not applicable to the denial of dismissal. | Ramsey/Hospital: language exists but only for the specific claim; overall order lacks 54(B) certification. | No; not final under Rule 2(H)(2) because 54(B) language does not apply to the entire order. |
Key Cases Cited
- Schriber v. Anonymous, 848 N.E.2d 1061 (Ind.2006) (denial of preliminary determination not a final judgment; interlocutory in nature)
- Bueter v. Brinkman, 776 N.E.2d 910 (Ind.Ct.App.2002) (denial of preliminary determination not final; case continues to panel proceedings)
- Georgos v. Jackson, 790 N.E.2d 448 (Ind.2003) (Rule 2(H) final judgment criteria; 54(B) language required for partial judgments)
- Boggs v. Tri-State Radiology, Inc., 730 N.E.2d 692 (Ind.2000) (comments on the threshold role of preliminary-determination proceedings)
- Beemer v. Elskens, 677 N.E.2d 1117 (Ind.Ct.App.1997) (sanctions for failure to comply with submission deadlines under MMA)
- Galindo v. Christensen, 569 N.E.2d 702 (Ind.Ct.App.1991) (preliminary-determination procedure; recourse mechanics under MMA)