SCRUBY v. WAUGH

No. 1-1084A238.

476 N.E.2d 533 (1985)

David J. SCRUBY, M.D., Appellant (Defendant below), v. James V. WAUGH, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

April 18, 1985.


Attorney(s) appearing for the Case

Joe Tipton, Edna M. Koch, Dillon & Cohen, Indianapolis, for appellant.

Michael D. Gross, Lebanon, for appellee.


ROBERTSON, Judge.

Plaintiff-appellee James V. Waugh (Waugh) filed a complaint in the trial court against the defendant-appellant David J. Scruby, M.D. (Scruby) for wrongful commitment to a mental hospital. Scruby moved for a summary judgment contending first, that the trial court lacked subject matter jurisdiction because Waugh failed to submit his claim first to a Medical Review Panel as required by the Indiana Medical Malpractice Act, IND. CODE §§ 16-9...

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