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ATTORNEY FOR APPELLANT
H. Kennard Bennett Severns & Bennett, P.C. Indianapolis, Indiana

ATTORNEYS FOR APPELLEE
Susan E. Cline Julia Blackwell Gelinas Lucy R. Dollens Locke Reynolds LLP Indianapolis, Indiana

ATTORNEYS FOR AMICUS CURIAE
UNITED SENIOR ACTION George Clyde Gray Daniel L. Robinson Gray Robinson Ryan & Fox Indianapolis, Indiana

ATTORNEYS FOR AMICI CURIAE
IND. HEALTH CARE ASSOC., IND. STATE MEDICAL ASSOC., and HOOSIER OWNERS AND PROVIDERS FOR THE ELDERLY Geoffrey Slaugher John H. Sharpe Maggie L. Smith Sommer Barnard Attorneys, P.C. Indianapolis, Indiana

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In the

Indiana Supreme Court
_________________________________ No. 49S04-0501-CV-30 DONNA M. SCHRIBER, INDIVIDUALLY AS PERSONAL REPRESENTATIVE OF THE ESTATE OF EARNEST SCHRIBER, Appellant (Plaintiff below), v. ANONYMOUS, (EAGLE CARE, INC. D/B/A/ EAGLE VALLEY HEALTHCARE CENTER), Appellee (Defendant below). _________________________________ Appeal from the Marion Circuit Court, No. 49C01-0204-CT-904 The Honorable Theodore M. Sosin, Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 49A04-0310-CV-514 _________________________________ April 18, 2006 Dickson, Justice.

The plaintiff in this medical malpractice action seeks appellate review of a trial court order that found the defendant to be a qualified healthcare provider under the Indiana Medical

Malpractice Act. She seeks to pursue her complaint for damages free of the constraints of the Act. The defendant, asserting that two of the three counts of the complaint were not timely and properly filed with the Department of Insurance, seeks to preclude plaintiff from any remedy on these counts. We decline both claims and, as explained below, disagree with the remedy fashioned by the Court of Appeals and find this appeal to be premature.

On February 22, 2000, Earnest L. Schriber, while a resident of Eagle Valley Healthcare Center, suffered severe burns. He was transported to St. Vincent Hospital for treatment, where he was also diagnosed as having pneumonia. He died on April 30, 2000. Thirteen months later, on May 24, 2001, counsel for Schriber's widow, plaintiff Donna Schriber, telephoned the Indiana Department of Insurance to inquire whether "Eagle Valley Healthcare Center," "Eagle Valley Health Care," or "Eaglecare, Inc." were qualified providers under the Indiana Medical Malpractice Act, and was advised that they were not qualified providers. On January 8, 2002, twentythree months after the alleged occurrence of medical malpractice, this action was commenced by the filing of a two-count complaint for medical malpractice directly in the trial court, without first filing a proposed complaint with the Department of Insurance and obtaining an opinion from a medical review panel, as required by the Indiana Medical Malpractice Act. Ind. Code

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Indiana Law