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PLANK v. COMMUNITY HOSPITALS OF INDIANA

No. 49S04-1203-CT-135.

981 N.E.2d 49 (2013)

Timothy W. PLANK, Individually and as Personal Representative of the Estate of Debra L. Plank, Deceased, Appellant (Plaintiff below), v. COMMUNITY HOSPITALS OF INDIANA, INC., Appellee (Defendant below), and State of Indiana, Appellee (Intervenor-Defendant below).

Supreme Court of Indiana.

January 15, 2013.

Attorney(s) appearing for the Case

Robert S. Peck, Center for Constitutional Litigation, P.C., Washington, DC, John Muller, Montross, Miller, Muller, Mendelson & Kennedy, Indianapolis, IN, Attorneys for Appellant.

Robert G. Zeigler, Karen L. Withers, Zeigler Cohen & Koch, Indianapolis, IN, Marion Michael Stephenson, Shelbyville, IN, Attorneys for Appellee Community Hospitals of Indiana, Inc.

Gregory F. Zoeller, Attorney General of Indiana, Thomas M. Fisher, Solicitor General, Heather Hagan McVeigh, Ashley Elizabeth Harwel, Deputy Attorneys General, Indianapolis, IN, Attorneys for Appellee State of Indiana.

Angela Marie Smith, Indianapolis, IN, Attorney for Amicus Curiae Indiana Hospital Association.

Libby Yin Goodknight, Indianapolis, IN, Attorney for Amicus Curiae Indiana State Medical Association.

On Petition To Transfer from the Indiana Court of Appeals, No. 49A04-1004-CT-254

RUCKER, Justice.

In this medical negligence action the plaintiff sought an evidentiary hearing to challenge the constitutionality of the Medical Malpractice Act. The trial court denied the request. Concluding that the plaintiff forfeited his opportunity to conduct such a hearing we affirm the judgment of the trial court.

Facts and Procedural History

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