Metz ex rel. Metz v. Saint Joseph Reg'l Med. Center-Plymouth Campus, Inc.

• Decision Date: 15 November 2018
• Docket Number: Court of Appeals Case No. 18A-CT-325
• Parties: Amy K. METZ, AS Mother and NEXT FRIEND OF Kiara K. METZ, an Incapacitated Minor, Appellant-Defendant, v. SAINT JOSEPH REGIONAL MEDICAL CENTER-PLYMOUTH CAMPUS, INC.; Saint Joseph Regional Medical Center, Inc.; Joel Schumacher, M.D.; and Plymouth Family and Internal Medicine, Appellee-Plaintiff.
• Court: Indiana Appellate Court

115 N.E.3d 489

Amy K. METZ, AS Mother and NEXT FRIEND OF Kiara K. METZ, an Incapacitated Minor, Appellant-Defendant,

v.SAINT JOSEPH REGIONAL MEDICAL CENTER-PLYMOUTH CAMPUS, INC.; Saint Joseph Regional Medical Center, Inc.; Joel Schumacher, M.D.; and Plymouth Family and Internal Medicine, Appellee-Plaintiff.

Court of Appeals Case No. 18A-CT-325

Court of Appeals of Indiana.

FILED November 15, 2018

Publication Ordered January 9, 2019

Case Summary

[1] Amy Metz, as mother and next friend of Kiara Metz, an incapacitated minor, appeals the trial court's dismissal of her complaint against the Saint Joseph Regional Medical Center-Plymouth Campus, Inc.; Saint Joseph Regional Medical Center, Inc.; Joel Schumacher, M.D.; and Plymouth Family and Internal Medicine (collectively, "Medical Providers"). We affirm.

Issue

[2] Metz raises several issues, which we consolidate and restate as whether the trial court properly determined that the Indiana Medical Malpractice Act governs Metz's claims against Medical Providers.

Facts

[3] In May 2017, Metz filed a complaint against Medical Providers alleging negligence and requesting punitive damages. Metz alleged that her daughter, Kiara, was born on August 6, 2004, at Saint Joseph Regional Medical Center-Plymouth Campus ("Plymouth Hospital") and that Dr. Schumacher was engaged to provide services, "including but not limited to the timely review of TSH Test Results regarding infants born at the Plymouth Hospital, and the timely communication of those results to the appropriate hospital office and to the parents of the said newborn infants." Appellants' App. Vol. II pp. 18-19. Metz alleged that a blood sample was obtained from Kiara by the delivery team and was sent to the Indiana University Newborn Screening Laboratory ("Laboratory"). The Laboratory issued a written report on August 16, 2004, which it sent to Plymouth Hospital and Dr. Schumacher. The written report provided that Kiara's "TSH" was "abnormal borderline." Id. at 29. The report noted: "The newborn screen was considered abnormal and a recollection of an additional blood spot specimen is necessary to further evaluate this infant." Id. Medical Providers did not report the test results to Metz or take action to retest Kiara. Metz alleges that she called Dr. Schumacher's office on August 20, 2004, regarding the test results and was informed by office staff that the results were normal.

[4] On August 31, 2004, the Laboratory again sent a letter to the Plymouth Hospital and Dr. Schumacher noting that it had not received "follow-up ... as is required by ISDOH ...." Id. at 30. Medical Providers again did not contact Metz. On September 25, 2004, Metz received a copy of a letter from the Laboratory to Dr. Schumacher dated September 21, 2004. Kiara's pediatrician, Dr. Robert Kolbe, then requested copies of the records from Dr. Schumacher and obtained additional testing of Kiara, which demonstrated that Kiara has hypothyroidism. According to Metz, "if hypothyroidism is identified within two to three weeks of a child's birth, damaging developmental effects of hypothyroidism can be prevented by the administration of manufactured medicines containing substances that provide the newborn with substitutes for the inadequate production of TSH by the infant's thyroid gland." Id. at 21. Metz alleged that Kiara has suffered "numerous irreversible consequences." Id. at 25.

[5] Medical Providers filed a motion to dismiss pursuant to Indiana Trial Rule 12(B)(1) and Indiana Trial Rule 12(B)(6). Medical Providers argued that the matter was barred by the statute of limitations set out in the Indiana Medical Malpractice Act ("MMA"). Medical Providers argued that the alleged acts and omissions constitute claims of medical negligence rather than general negligence, and thus, the MMA applies. According to Medical Providers, Metz failed to file a timely proposed complaint with the medical review panel and failed to file a claim before Kiara's eighth birthday as required by the MMA.

[6] Metz responded by arguing that the MMA did not apply because Medical Providers "simply failed to perform an administrative duty to read and report the critical information in those letters." Id. at 76. Metz contended that the "MMA cannot, by any stretch of its statutory language, be interpreted to include the failure to perform a purely administrative act." Id. According to Metz, her claims "sound[ ] in common law negligence against the [Medical Providers]." Id. at 80.

[7] In January 2018, the trial court granted Medical Providers' motion to dismiss pursuant to both Trial Rule 12(B)(1) and Trial Rule 12(B)(6) as follows:

11. [ ] [T]his court found the discursive analysis as set out in Terry v. Community Health Network , 17 N.E.3d 389 (Ind. Ct. App. 2014) and Robertson v. Anonymous Clinic , 63 N.E.3d 349 (Ind. Ct. App. 2016) to be most helpful. Both cases emphasized a focus on "whether the claim is based on the provider's behavior or practices while acting in his professional capacity as a provider of medical services." Terry , [17 N.E.3d] at 393 (citing Madison Ctr., Inc., v. R.R.K. , 853 N.E.2d 1286, 1288 (Ind. Ct. App. 2006). Both cases then emphasized that the court's true focus must be on whether the issues are capable of resolution without referring to the medical standard of care; if so, the claims are not subject to the MMA. Robertson , [63 N.E.3d] at 360.

12. With that analysis in mind, the focus shifts to the actual text of the allegations in Plaintiff's Complaint and the contents of the designated evidence regarding the actual acts of alleged negligence. As discerned by this court, the acts of alleged negligence asserted by Plaintiff are as follows: A. Neither Dr. Schumacher nor any other named Defendant reported the abnormal TSH Test Results information to Plaintiff or anyone associated with Kiara's parents; B. Neither Dr. Schumacher nor any other named Defendant caused Kiara to be retested as required by the August 16 report; C. On or about August 20, 2004, Plaintiff was advised by a staff person of Dr. Schumacher that the results of Kiara's infant blood screen were all normal; D. Defendants failed to provide Plaintiff with a copy of or advise her of the contents of an August 31, 2004 letter from the IU Lab advising Defendants that the Lab had yet to receive a follow up blood sample as requested; E. Plaintiff was not made aware of the abnormal test result until September 25, 2004 when she received a letter from the IU Infant Screening Laboratory; F. Plaintiff did not receive an actual copy of the August 31, 2004 letter from the IU Lab until late September or early October of 2004; G. Plaintiff contends in paragraph 31 of her Complaint that these failures were purely the result of lack of proper attention and/or administrative or clerical failures, none of which involved the exercise of medical skill or judgment.

13. This court finds that the alleged acts of negligence set out above do have to do with the provider's behavior or practices while acting in his professional capacity as a provider of medical services. Further, there is a causal connection between the conduct complained of and the nature of the patient-health care provider relationship. The court also notes that the test involved revealed a "borderline abnormal" reading. Such a reading makes the medical issues more complicated and would involve an analysis of the medical standard of care and be outside the common knowledge of a lay juror. In the end, this court cannot conclude Defendants' alleged acts of negligence are demonstrably unrelated to the promotion of the Plaintiff's health or not involving the provider's exercise of professional expertise, skill, or judgment. Therefore, Plaintiff's claim is governed by the terms and provisions of the MMA.

Appellants' App. pp. 14-15.

Analysis

[8] Metz appeals the trial court's grant of Medical Providers' motion to dismiss pursuant to both Indiana Trial Rule 12(B)(1) and Indiana Trial Rule 12(B)(6). Trial Rule 12(B)(1) addresses the "[l]ack of jurisdiction over the subject matter." In reviewing a motion to dismiss for lack of subject matter jurisdiction pursuant to Trial Rule 12(B)(1), the relevant question is whether the type of claim presented falls within the general scope of the authority conferred upon the court by constitution or statute. Robertson v. Anonymous Clinic , 63 N.E.3d 349, 356 (Ind. Ct. App. 2016), trans. denied . A motion to dismiss for lack of subject matter jurisdiction presents a threshold question with respect to a court's power to act. Id. "The standard of review for a trial court's grant or denial of a 12(B)(1) motion to dismiss for lack of subject matter jurisdiction is ‘a function of what occurred in the trial court.’ " Berry v. Crawford , 990 N.E.2d 410, 414 (Ind. 2013) (citing GKN Co. v. Magness , 744 N.E.2d 397, 401 (Ind. 2001) ), reh'g denied . Where the facts before the trial court are not in dispute, the question of subject matter jurisdiction is one of law, and we review the trial court's ruling de novo. Id. Likewise, when reviewing a final judgment, we review all conclusions of law de novo. Id. In the appeal from a trial court's grant of a pretrial motion to dismiss under Trial Rule 12(B)(1), we accept as true the facts alleged in the complaint. State ex rel. Zoeller v. Aisin USA Mfg., Inc. , 946 N.E.2d 1148, 1149-50 (Ind. 2011), reh'g denied .

[9] Trial Rule 12(B)(6) addresses the "[f]ailure to state a claim upon which relief can be granted." A motion to dismiss under Trial Rule 12(B)(6) tests the legal sufficiency of the plaintiff's claim, not the facts supporting it. Bellwether Properties, LLC v. Duke Energy Indiana, Inc. , 87 N.E.3d 462, 466 (Ind. 2017). A dismissal under Trial Rule 12(B)(6) is improper " ‘unless it appears to a certainty on the face of the complaint that the complaining party is not entitled to any relief.’ " Id. (quoting State v. American Family Voices, Inc. , 898 N.E.2d 293, 296 (Ind. 2008), reh'g denied ). We review...