Collins v. Thakkar

Although compliance with the requirements of the Medical Malpractice Act is a condition precedent for the exercise of jurisdiction in the courts, I do not believe that the question is one of subject matter jurisdiction.

It is well established that subject matter jurisdiction is "the power to hear and determine cases of the general class to which the proceedings then before the court belong." - Mishler v. County of Elkhart (1989), Ind., 544 N.E.2d 149, 151. Clearly, the trial court here has the power to hear and determine the issues presented by a complaint alleging wrongful abortion, assault…