Stanley v. Coopers Mills Nursing

• Court: Superior Court of Maine
• Decided: August 2, 2016
• Docket: ANDcv-15-192
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT ANDROSCOGGIN, SS. CIVIL ACTION DOCKET NO. AUBSC-CV-15-192

GEORGE STANLEY, ) } Plaintiff, ) . .... . ) v. ) ORDER ON DEFENDANTS' MOTION ) TO DISMISS & PLAINTIFF'S "MOTION COOPERS MILLS NURSING ) TO AMEND STRIKE. COMPLAINT" HOME, INC. and NORTH COUNTRY ) ASSOCIATES, INC., ) ) Defendants. )

Presently before are Defendants Coopers Mills Nursing Home, Inc. and North

Country Associates, Inc.' s joint motion to dismiss the complaint and Plaintiff George

Stanley's "Motion to Amend Strike Complaint." Based on the following, Defendants'

motion is granted, and Plaintiff's motion is denied.

On December 10, 201:5,. Plaintiff George Stanley filed a complaint against

Defendants Coopers Mills Nursing Home, Inc. and North · Country Associates, Inc.,

asserting claims of medical malpractice, abuse, harassment, and violation of Plaintiff's

civil rights. (Compl. 1-4.) Plaintiff's complaint requested a jury trial and sought both

declaratory judgment and damages. (Id. at 4.)

Defendants assert that the court lacks subject matter jurisdiction to entertain

Plaintiff's complaint. (Defs. Reply to Pl. Opp'n to Defs. Mot. Dismiss 1.) A motion to

dismiss pursuant to Maine Rule of Civil Procedure 12(b)(l) challenges the court's

subject matter jurisdiction. M.R. Civ. P. 12(b)(l). When a court's jurisdiction is

challenged pursuant to Rule 12(b)(l), the plaintiff bears the initial burden of

establishing that jurisdiction is proper. Commerce Bank & Trust Co. v. Dworman, 2004 ME

142,

Page 1 of 5 Dep't of Human Servs., 2001 ME 124,

outside of the pleadings. Gutierrez v. Gutierrez, 2007 ME 59,

Section 2903 of the Maine Health Security Act ("MHSA") provides ·that no

"action for professional negligence" may be commenced until the plaintiff has · (a)

served and filed written notice of claim in accordance with § 2853 of the MHSA; (~).

complied with subchapter IV-A of the MHSA, §§ 2852-2859, which governs the ·

submission of claims for professional negligence to a prelitigation screening p·anel; and

(c) determined that the time periods provided in§ 2859 of the MHSA have expired. 24

M.R.S. § 2903(1). If an action for professional negligence is filed in violation of § 2903,

Lhe cuurl rnusl dismiss Lhe aclion pursuant to Rule 12(b )(1) for lack of subject matter

jurisdiction. Hill v. Kwan, 2009 ME 4,

The provisions of the MHSA are very broad and are intended to apply to "all

actions for professional negligence against a health care provider or praditioner."

Saunders V; Tisher, 2006 ME 94,

quotation marks and alterations omitted). The MHSA broadly defines an "action for

professional negligence" as:

any action for damages for injury or death against any health care provider, its agents or employees, or h ealth care practitioner, his agents or employees, whether based upon tort or breach of contract or otherwise, arising out of the provision or failure to provide health care services.

24 M.R.S. § 2502(6). The Law Court has stated that that MHSA covers more than

"simple negligence" claims. Dutil v. Burns, 674 A.2d 910, 911 (Me. 1996). The inclusion

of the words "or otherwise" in the statutory definition "reveals the legislature's

int~ntion that the MHSA fully occupy the field of claims brought against health care

providers:" Id. A nursing home is a "healthc·are provider" under the MHSA. 24 M.R.S.

§ 2502(2).

Page 2 of 5 In his complaint, Plaintiff alleges that he was a "patient" at the nursing home

operated by Defendant Coopers Mills Nursing Home, Inc. from February 1, 2014 to

May 15, 2014. (Compl. 1.) Plaintiff alleges that he was subjected to physic;.al and mental

abuse and sexual harassment from nurses, physi~c1._l therapists, and other staff while a

patient at the nursing home. (Id. at·1~4.) Plaintiff also alleges that his civil r1ghts were

violated and that he was a victim of false pretenses, misrepresentation, and false

accusations to ·police while a "patient" at the nursing home. (Id.) Plaintiff alleges that

the actions of the staff at the nursing home constitute medical malpractice and elder

abuse. (Id. at 1.) In addition to other relief, Plaintiff seeks "$SOOK" in damages. (Id. at

4.)

As previously stated, a nursing home is a "healthcare provider" within the

meaning of the MHSA. 24 M.R.S. § 2502(2). Although some of Plaintiff's claims appear

to be based in intentional tort and civil rights actions, all of Plaintiff's claims arise "out

of the provision or failure to provide health care services." 24 M.R.S. § 2502(6). Because

the MHSA encompasses "the whole field of claims brought against health care

providers," all of Plaintiff's claims whether sounding in civil rights, intentional tort, or

malpractice are subject to the requirements of the MHSA. Dutil, 674 A.2d at 911.

Plaintiff has not complied with the requirements of § 2903 of the MHSA.

Plaintiff has not served or filed a written notice of claim given under oath in accordance

with § 2853, nor completed the prelitigation screening process in accordance with

subchapter IV-A of the MHSA. Accordingly, the court lacks subject matter jurisdiction

to entertain Plaintiff's complaint.

In response to the motion to dismiss, Plaintiff asserts that the clerk of court

instructed him to file a complaint. (Pl. Opp'n to Defs. Mot. Dismiss 9I 1.) Plaintiff

requests that the court submit his complaint to the "alleged 'so-called' panel." (Id. 9I 2.)

Page 3 of 5 Plaintiff also requests that the court stay, continue, or extend time for him to find and

consult with an attorney. (Id. 9I 6.)

Because the court lacks subject matter jurisdiction over this case, the court has no

authority to grant Plaintiff a stay, continuance or enlargement of time. The court also

has no authority to order Plaintiff's complaint be submitted to the prelitigation

screening panel. The court's only recourse is to dismiss the complaint. See M.R. Civ. P.

12(h)(3) ("Whenever it appears by suggestion of the parties or otherwise that the court

lacks jurisdiction of the subject matter, the court shall dismiss the action.")

Plaintiff has also filed a "Motion to Amend Strike Complaint." Plaintiff requests

LltaL courL gra1tl ltim leave Lo ameHd ltis complainL Lo remove any references Lo

"malpractice" or "negligence" in order to allow his remaining claims to proceed

without submission to the prelitigation screening panel. (PL Mot. to Amend Compl.)

Under Maine Rule of Civil Procedure ~5, -leave to amend a complaint "sha:ll be freely

given when justice so requires." M.R. Civ. P. lS(a). However, the court may deny a

motion to amend when the proposed amended complaint would not survive a motion

to dismiss. Glynn v. City of S. Portland, 640 A.2d 1065, 1067 (Me. 1994).

As discussed above, the MHSA encompasses "the whole field of claims brought

against health care providers." Dutil, 674 A.2d at 911. Even if the court were to grant

leave and permit Plaintiff to remove any reference "negligence" or "malpractice,"

Plaintiff's remain,ing claims for abuse, harassment, and violation of his civil rights

arising from his care and treat.ment would still be subject to the MHSA because all of

Plaintiff's claims arise from his care and treatment at the nursing home. As such,

Plaintiff's proposed amended complaint would still not survive a motion to dismiss.

Page 4 of 5 Therefore, based on the foregoing, Defendants Coopers Mills Nursing Home, Inc.

and North Country Associates, Inc.'s joint motion to dismiss the complaint is granted.

Plaintiff George Stanley's "Motion to Amend Strike Complaint" is denied.

The Clerk is directed to enter this Order on the civil docket by reference pursuant

to Maine Rule of Civil Procedure 79(a).

Date: August 2, 2016

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