Miller v. Dobbs

Plaintiffs sent a proposed medical malpractice complaint to the Indiana Department of insurance without including $7 in required statutory filing and processing fees. Plaintiffs subsequently filed their medical malpractice complaint against Defendants. After the Department discovered the fee omission, it sent Plaintiffs a letter stating that if the mandatory fee was not sent, the complaint would not be considered filed with the Department. Plaintiffs sent a check to the Department the day they received the letter. The Department received the processing fees three days after the statutory period ended. The trial court subsequently granted summary judgment for Defendants, finding Plaintiffs' complaint was not timely filed. The court of appeals reversed. The Supreme Court reversed, holding that Plaintiffs' proposed complaint was timely filed with the Department. View "Miller v. Dobbs" on Justia Law