Scruby v. Waugh

ROBERTSON, Judge.

Plaintiff-appellee James V. Waugh (Waugh) filed a complaint in the trial court against the defendant-appellant David J. Scruby, M.D. (Scruby) for wrongful commitment to a mental hospital. Scruby moved for a summary judgment contending first, that the trial court lacked subject matter jurisdiction because Waugh failed to submit his claim first to a Medical Review Panel as required by the Indiana Medical Malpractice Act, IND.CODE §§ 16-9.5-1-1, et seq. (1982); second, that even assuming arguendo that the trial court had subject matter jurisdiction, he would be immune under…