LaCroix v. Caron

GLASSMAN, Justice.

Sometime in the fall of 1977, the plaintiff, Patricia LaCroix, permitted the defendant, Dr. Caron, a podiatrist, to attempt to remove bunions from her feet. Less than two years later, the plaintiff filed suit against Dr. Caron for malpractice, alleging that her feet were permanently injured as a result of his negligence. In his answer, Dr. Caron included a motion to dismiss the plaintiff’s complaint for failure to comply with the mandatory notification procedures set out in 24 M.R.S.A. § 2903. The defendant relied on M.R.Civ.P. 12(b)(1), lack of subject matter jurisdiction.…