Holy Cross Hospital v. Bercier

DOWNEY, Chief Judge.

By Petition for Writ of Certiorari review is sought of an order of the judicial referee confirming termination of a medical mediation proceeding.

It appears from the petition that “On January 16, 1979, the respondent, Mary Bercier, filed a medical malpractice claim against the Hospital. This complaint was never served and a copy of it was never mailed to the Hospital. On March 7, 1979, (52 days later) an ‘amended complaint’ was filed. This complaint was served on the Hospital on March 12, 1979 (57 days later). No leave of court1 was sought or received for filing this…