The Court of Appeals recently held that a medical malpractice complaint is not considered filed upon mailing when a third-party commercial carrier is used to deliver the complaint to the Indiana Department of Insurance.
The Plaintiff in Moryl v. Ransone et al. was the surviving spouse of a patient that passed away while undergoing treatment at La Porte Hospital. The patient passed away on April 20, 2007. On Sunday, April 19, 2009, the Plaintiff mailed her medical malpractice complaint to the Indiana Department of Insurance through the commercial carrier, FedEx. The complaint was not delivered to the Department until April 21 – the day after the two-year statute of limitations had run on the Plaintiff’s claim. (more…)