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SCHRIBER v. ANONYMOUS

No. 49S04-0501-CV-30.

848 N.E.2d 1061 (2006)

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).

Supreme Court of Indiana.

April 18, 2006.

Attorney(s) appearing for the Case

H. Kennard Bennett, Severns & Bennett, P.C., Indianapolis, for Appellant.

George Clyde Gray, Daniel L. Robinson, Gray Robinson Ryan & Fox, Indianapolis, for Amicus Curiae United Senior Action.

Susan E. Cline, Julia Blackwell Gelinas, Lucy R. Dollens, Locke Reynolds LLP, Indianapolis, for Appellee.

Geoffrey Slaugher, John H. Sharpe, Maggie L. Smith, Sommer Barnard Attorneys, P.C., Indianapolis, for Amici Curiae Ind. Health Care Assoc., Ind. State Medical Assoc., and Hoosier Owners and Providers for the Elderly.

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...

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