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VAN DUSEN v. STOTTS

No. 03S00-9711-CV-631.

712 N.E.2d 491 (1999)

Delbert VAN DUSEN, M.D., David M. O'Brien, M.D., and Columbus Regional Hospital, Appellants (Defendants Below), v. William H. STOTTS and Sharon Stotts, Appellees (Plaintiffs Below).

Supreme Court of Indiana.

July 8, 1999.

Attorney(s) appearing for the Case

Michael D. Conner, Mark E. Spitzer, Browne Spitzer Herriman Stephenson Holderead & Musser, Marion, IN, Attorneys for Appellants.

Patrick W. Harrison, Beck & Harrison, Columbus, IN, Attorney for Appellee.

SELBY, J.

This case and two other cases currently pending before this Court address the constitutionality of the two-year medical malpractice statute of limitations contained in Indiana Code section 34-18-7-1(b) (1998) (repealing section 27-12-7-1(b) (1993)). In each of these cases, plaintiffs challenge the constitutionality of the statute of limitations under the Open Courts Clause of Article I, Section 12 and the Privileges...

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