Merck v. Saint Joseph's Hospital of Atlanta, Inc.

Mikell, Judge.

Barbara Merck, pro se, filed the underlying action against Saint Joseph’s Hospital of Atlanta, Inc. (“Saint Joseph’s”), 1 asserting claims of medical malpractice and intentional infliction of emotional distress arising from medical care Merck’s mother received at Saint Joseph’s prior to her death on April 2, 1998. Merck sent a copy of the complaint to Saint Joseph’s via certified mail; however, a sheriff’s entry of non est service was filed on April 18, 2000, demonstrating that valid service had not been perfected on the hospital’s registered agent. On May 3, 2000, “appearing…