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CARMICHAEL v. SILBERT

No. 1-1280A367.

422 N.E.2d 1330 (1981)

Kenneth CARMICHAEL, and Leah Carmichael, Appellants (Defendants below), and Indiana Department of Insurance, H.P. Hudson, Commissioner, (Defendant below), v. Michael SILBERT and Bloomington Hospital, Appellees (Plaintiffs below).

Court of Appeals of Indiana, First District.

Rehearing Denied August 11, 1981.

Attorney(s) appearing for the Case

Dollie Stafford Manns, Alphonso Manns, Manns & Manns, Bloomington, for appellants.

Linley E. Pearson, Atty. Gen., Dan S. LaRue, Deputy Atty. Gen., Indianapolis, for the State of Indiana.

James V. Donadio, Margaret C.A. Young, Frederick Wm. LaCava, Ice, Miller, Donadio & Ryan, Indianapolis, for appellees.

Len E. Bunger, Joseph D. O'Connor, III, Bunger, Harrell & Robertson, Bloomington, for appellee Silbert.

ROBERTSON, Judge.

Kenneth and Leah Carmichael (Carmichaels) appeal the ruling on a Motion for Preliminary Determination of Law filed by Michael Silbert (Dr. Silbert) and the Bloomington Hospital (hospital). The Carmichaels initiated the lawsuit by filing a complaint which alleged Dr. Silbert and the hospital committed medical malpractice in treating Mrs. Carmichael. This appeal concerns the constitutionality of the statute of limitations contained in the Indiana Medical...

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