Terry Bitner v. State Indiana

In Guinn v. Light (1990), Ind., 558 N.E.2d 821, this Court announced a new procedure regarding the effect of filing a proposed complaint with the Department of Insurance upon the medical malpractice statute of limitations. Declaring the procedure to be prospective, we exempted the plaintiff Guinn and found his filing to have been timely. Id. The present plaintiff-appellant, Gerald C. Miller, presents circumstances analogous to those of Guinn and seeks like remedy. Applying Guinn, the Court of Appeals refused his request and affirmed summary judgment for the defendant. Miller v. Terre Haute Regional Hospital (1992), Ind. App., 596 N.E.2d 913. We grant transfer.