When It Absolutely, Positively Must Get There On Time

The Indiana Supreme Court has reversed the grant of summary judgment to a medical malpractice defendant, holding that the complaint had been timely filed.

Our decision constitutes a refusal to elevate form over substance. “We are unwilling to fortify the armory of those who attack the law as famous for its ability to elevate form over sub-stance.” State ex rel. Attorney Gen. v. Lake Superior Court, 820 N.E.2d 1240, 1252 (Ind. 2005); see In re Estate of Robertson, 859 N.E.2d 772, 778–79 (Ind. Ct. App. 2007) (J. Robb, dissent-ing), trans. not sought. We see no substantive difference between a proposed medical malprac-tice complaint mailed via FedEx Priority Overnight, tracking and return receipt requested, and a proposed complaint mailed via USPS registered and certified mail. And neither does the Indiana General Assembly, as evident by their adoption of Indiana Code section 1-1-7-1.

The Court of Appeals had affirmed the trial court’s dismissal of the action. (Mike Frisch)