Plank v. Community Hospitals of Indiana, Inc.

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

In November 2001, Debra L. Plank began experiencing severe abdominal pain and sought treatment on three or more occasions at the Community Hospitals of Indiana, Inc. (“Community”). During the visits various physicians failed to diagnose and treat…