HERRON v. ANIGBO

No. 45S03-0811-CV-594.

897 N.E.2d 444 (2008)

Victor HERRON, Appellant (Plaintiff below), v. Anthony A. ANIGBO, M.D., Appellee (Defendant below).

Supreme Court of Indiana.

November 13, 2008.


Attorney(s) appearing for the Case

Anthony DeBonis, Jr., Highland, IN, Attorney for Appellant.

Robert F. Parker, Chad J. Melchi, Merrillville, IN, Attorneys for Appellee.


On Petition to Transfer from the Indiana Court of Appeals, No. 45A03-0608-CV-378.

BOEHM, Justice.

The Indiana Medical Malpractice Act provides for an occurrence-based statute of limitations, i.e., a medical malpractice claim must be filed within two years after the act or omission alleged to constitute malpractice. We have held that the statute is constitutional on its face but may violate the Indiana Constitution if applied to a plaintiff who despite exercise...

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