Year: 2009
Resolution Number: 103
Action Taken: Disapproved
Status:
Author(s): Michelle M. Condon, MD
Sponsor: Domenic R. Federico, MD
On behalf of: Kent County Delegation
Committee: B (Legislation)
Resolved Section(s):
RESOLVED: That MSMS petition the state legislature to enact a law stipulating that a legal summons must be sent to the physician’s office address on file with the State Board of Health licensing office as his or her primary office or that the envelope must be stamped in red “urgent correspondence – immediate response required” or be sent by registered mail.REFERENCE COMMITTEE RATIONALE: The author testified that the case that generated the need for this resolution was eventually dropped. MSMS Legal Counsel informed the Committee that a number of additional steps would be necessary to get to a point that an undelivered piece of mail would result in a default judgment against the physician.
RESOLVED: That MSMS petition the state legislature to enact a law stipulating that a legal summons must be sent to the physician’s office address on file with the State Board of Health licensing office as his or her primary office or that the envelope must be stamped in red “urgent correspondence – immediate response required” or be sent by registered mail.REFERENCE COMMITTEE RATIONALE: The author testified that the case that generated the need for this resolution was eventually dropped. MSMS Legal Counsel informed the Committee that a number of additional steps would be necessary to get to a point that an undelivered piece of mail would result in a default judgment against the physician.
Fiscal Note: NULL
Resolution: View PDF for Unreceived Mail Resulting in Malpractice Guilty Verdict by Default