FROM JEFFERSON CIRCUIT COURT HONORABLE MARY M. SHAW, JUDGE
ACTION NO. 17-CI-002575
FOR APPELLANT: Hans G. Poppe, Jr. Scarlette Burton Kelty
FOR APPELLEE, Kentuckiana Medical Center, LLC: Ryan T. Wood
David B. Gazak
ARGUMENT FOR APPELLANT: Scarlette Burton Kelty
FOR APPELLEE, Anis G. Chalhoub, M.D.: Tracy S. Prewitt Rachel
FOR APPELLEE, John D. Rumisek, M.D.: Donald K. Brown, Jr.
Mark E. Hammond Whitney R. Kramer
ARGUMENT FOR APPELLEES: Tracy S. Prewitt Mark E. Hammond
BEFORE: ACREE, COMBS, AND MAZE, JUDGES.
Stewart appeals from an order of the Jefferson Circuit Court
which dismissed her medical malpractice and related claims
against Kentuckiana Medical Center (KMC), Dr. Anis G.
Chalhoub, Dr. John D. Rumisek and their practice groups. We
agree the claims against KMC were barred by lack of personal
jurisdiction. We further conclude that Stewart's
malpractice claims against Dr. Chalhoub and Dr. Rumisek were
subject to Indiana law. However, we find that her claims were
not barred for lack of subject-matter jurisdiction or
particular-case jurisdiction because the medical-panel review
requirements of the Indiana Medical Malpractice Act only
apply to actions filed in an Indiana court. Nevertheless, we
conclude that these claims were properly subject to dismissal
under the doctrine of forum non conveniens. Hence,
we affirm the order dismissing the claims for this reason.
relevant facts of this action are as follows: Stewart is a
resident of Indiana. KMC is a Florida corporation that
operated a hospital in Clarksville, Indiana. Dr. Chalhoub and
Dr. Rumisek are both licensed to practice medicine in Indiana
and Kentucky. Their practice groups, Cardiovascular Surgical
Care, PLLC and Cardiovascular Specialists, PSC, are located
in Louisville, Kentucky.
30, 2014, Stewart presented herself to the emergency room at
KMC, complaining of a headache and a single fainting episode.
The admitting physician called in Dr. Chalhoub for a
cardiology consult. He diagnosed Stewart with bradycardia and
sick sinus syndrome. Based upon this diagnosis, Dr. Chalhoub
recommended that Stewart have a pacemaker installed. Dr.
Chalhoub called in Dr. Rumisek for an additional consult and
to perform the procedure.
June 2, 2014, Dr. Rumisek implanted a pacemaker in
Stewart's heart. The following day, Dr. Rumisek performed
a second surgery to adjust the lead placement. Subsequently,
Stewart developed an infection at the surgical site. On June
18, 2014, Dr. Rumisek performed a surgical debridement to
treat the infection. After each of the surgeries, Stewart
followed up with both doctors at their Louisville offices.
Stewart's last follow-up visit with Dr. Chalhoub was in
September 2014, and her last follow-up visit with Dr. Rumisek
was in August 2014.
1, 2016, Stewart began treating with a new cardiologist, who
advised her that she never had sick sinus syndrome and that
the pacemaker was not medically necessary. Based on this
information, Stewart filed the current complaint in Jefferson
Circuit Court, naming KMC, Dr. Chalhoub, Dr. Rumisek, and
their respective practice groups. In lieu of an answer, all
of the defendants filed motions to dismiss pursuant to
12.02. They argued that Stewart's action was barred due
to her failure to comply with the medical review panel
requirements of the Indiana Medical Malpractice ...