Estate of Carrie Etta Mills McGoffney v. Anonymous Skilled Nursing Facility
93 N.E.3d 1104 (2018)
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Rule of Law:
The Indiana Medical Malpractice Act permits a trial court to dismiss a proposed complaint as a sanction when a party repeatedly fails to act as required by the Act's medical review panel process without good cause, especially when such conduct is intentional, contumacious, and disobedient to court orders.
Facts:
- On December 22, 2010, Carrie Etta McGoffney, through her daughter Kelly McGoffney, filed a Proposed Complaint with the Indiana Department of Insurance alleging medical malpractice by the Anonymous Skilled Nursing Facility.
- In September 2015, efforts began to form a Medical Review Panel for the case, with Sally Zweig appointed as Chairperson.
- Throughout 2016, Kelly McGoffney repeatedly interfered with the Panel's formation by striking nominated health care providers, expressing dissatisfaction with the Chairperson's efforts, and suggesting the entire process be restarted.
- On August 3, 2016, Sally Zweig resigned as Panel Chairperson due to Kelly McGoffney's requests and concerns about neutrality.
- Following a trial court order in November 2016, Kelly McGoffney's counsel agreed to Neil Bemenderfer as the new Panel Chairman, an individual McGoffney had previously suggested.
- After Bemenderfer formed the Panel and set an evidence submission schedule in December 2016, Kelly McGoffney dismissed her counsel and sent multiple communications disavowing her prior agreement to Bemenderfer and the panel members.
- In January 2017, Kelly McGoffney explicitly directed Bemenderfer to 'Stop the process right now,' further threatened to sue her former counsel for malpractice, and threatened to report the Facility's counsel for filing 'frivolous motions.'
Procedural Posture:
- On December 22, 2010, Carrie Etta McGoffney, by her daughter Kelly McGoffney, filed a Proposed Complaint with the Indiana Department of Insurance (IDOI) against the Anonymous Skilled Nursing Facility.
- On August 8, 2016, the Facility filed a Motion for Preliminary Determination of Law in the Marion Superior Court (trial court), requesting sanctions against McGoffney for failing to act as required by the Medical Malpractice Act.
- On October 19, 2016, the trial court held a hearing on the Facility's motion.
- On November 21, 2016, the trial court issued an order finding McGoffney's behavior unreasonable and inappropriate, sanctioning the Estate to pay attorney's fees, ordering the parties to select a new Panel Chair and comply with instructions, and warning that failure to comply or similar inappropriate behavior could lead to dismissal of the complaint.
- On December 20, 2016, the trial court ordered the Estate to pay $3,282 in sanctions to the Facility within sixty days.
- On January 24, 2017, the Facility filed a second Motion for Preliminary Determination of Law – Motion to Dismiss in the trial court, requesting the dismissal of the Estate's Second Amended Proposed Complaint for violating the November 21, 2016 order and failing to comply with the Act.
- On April 25, 2017, the trial court conducted a hearing on the Facility's second motion.
- On May 1, 2017, the trial court dismissed the Estate's Second Amended Proposed Complaint, finding McGoffney violated its previous order by not paying attorney fees and continuing to delay panel formation and threaten counsel.
- The Estate later filed a motion to correct error with the trial court, which the trial court denied.
- The Estate of Carrie Etta Mills McGoffney (Appellant-Respondent) appealed the trial court’s order denying its motion to correct errors and affirming its prior dismissal to the Court of Appeals of Indiana.
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Issue:
Did the trial court abuse its discretion by dismissing the Estate of Carrie Etta Mills McGoffney's Second Amended Proposed Complaint as a sanction for Kelly McGoffney's repeated dilatory, disobedient, and contumacious conduct in the medical review panel formation process?
Opinions:
Majority - Brown, J.
Yes, the trial court did not abuse its discretion by dismissing the Estate's Second Amended Proposed Complaint because Kelly McGoffney's conduct consistently impeded the formation of the medical review panel, despite prior court orders and sanctions, demonstrating intentional and contumacious disobedience. The Court of Appeals observed that McGoffney's behavior after the November 21, 2016, order mirrored her prior attempts to delay the Panel's establishment. She dismissed her counsel, disregarded the evidence submission schedule, and repeatedly attempted to restart or disrupt the panel formation, explicitly directing the Panel Chairperson to 'Stop the process right now.' This conduct, coupled with threats against her own and opposing counsel, validated the trial court's finding that her actions were 'dilatory and disobedient, but... intentional and contumacious' (citing Mooney v. Anonymous M.D. 4 and Rivers v. Methodist Hosp., Inc. for factors in sanctioning). Given that six years had passed since the initial IDOI filing without the Panel being formed, the trial court's dismissal was a permissible exercise of discretion.
Analysis:
This case reinforces the inherent authority of Indiana trial courts to sanction parties who deliberately obstruct the pre-litigation medical review panel process mandated by the Indiana Medical Malpractice Act. It clarifies that persistent, dilatory, and disobedient conduct, especially when it disregards prior court orders and sanctions, can lead to the severe consequence of dismissal with prejudice. The decision serves as a strong reminder to litigants that intentional interference with statutory procedures and contumacious behavior toward the court and opposing parties will not be tolerated, ensuring the efficient administration of justice within the medical malpractice framework.
