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YEAGER v. BLOOMINGTON OBSTETRICS

No. 53A01-9110-CV-309.

585 N.E.2d 696 (1992)

Scott Willis YEAGER and Merlyn and Lorraine Yeager, Appellants-Plaintiffs, v. BLOOMINGTON OBSTETRICS and Gynecology, Inc., Dr. Walter Owens, Dr. William R. Anderson, Dr. Leland Matthews, and Dr. Brandt Ludlow and Local Counsel of Women, Inc., d/b/a Bloomington Hospital, Appellees-Defendants.

Court of Appeals of Indiana, First District.

February 4, 1992.

Attorney(s) appearing for the Case

Vernon J. Petri, David Schalk, Vernon J. Petri, P.C., Indianapolis, for appellants-plaintiffs.

David J. Mallon, Jr., Gloria A. Aplin, Indianapolis, Gary J. Clendening, J. Suzette Vandivier, Harrell, Clendening & Coyne, Bloomington, for appellees-defendants.

ROBERTSON, Judge.

Scott Willis Yeager1 brings this consolidated appeal of the decisions of two trial courts to dismiss Scott's two medical malpractice complaints which are based on a "preconception tort" theory. The trial courts assumed jurisdiction and dismissed Scott's complaints under Ind. Code 16-9.5-10-1 before the medical review panel had rendered its written opinion regarding Scott's proposed complaints. In his complaint, Scott...

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