Van Dusen v. Stotts

This case and two other eases 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-l(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 and Immunities Clause of Article I, Section 23 of the Indiana Constitution.1

In Martin v. Richey, 711 N.E.2d 1273 (Ind.1999) [hereinafter Martin], the lead ease we decide today,…