Dorothy T. Morrison v. James Michael Bestler, M.D.

Summary

The court held that the ninety-day waiting period for filing a medical-malpractice action is a mandatory procedural requirement, not a limitation on subject-matter jurisdiction. Morrison's prematurely filed first action was therefore not void; the voluntary nonsuit was valid, and her refiled action was timely under the statutory extension. Senior Justice Poff, joined by Justice Compton, dissented, maintaining that the waiting period restricted subject-matter jurisdiction and that the second action was untimely.