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Wednesday, September 01, 2010
Ind. Decisions - Supreme Court decides one today
In Eads and Atterholt v. Community Hospital, a 9-page, 5-0 opinion, Justice Boehm writes:
A patient was injured leaving the hospital on crutches. She sued, asserting a general premises liability claim, and claiming the hospital was negligent in refusing her a wheelchair. The medical malpractice limitations period expired before her general negligence complaint was dismissed for failure to comply with the requirement of the Medical Malpractice Act that a medical malpractice complaint be filed with the Department of Insurance before it is presented to a court. We hold that under these circumstances a medical malpractice complaint alleging the same facts as the dismissed complaint may be deemed a continuation of the first complaint for purposes of the Journey’s Account Statute. * * *The trial court’s grant of summary judgment is reversed.
Posted by Marcia Oddi on September 1, 2010 01:15 PM
Posted to Ind. Sup.Ct. Decisions