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The Indiana Medical Malpractice Act is being challenged for violating constitutional provisions. The Act requires a medical review panel before filing a lawsuit, which is being contested. The admissibility of the panel's opinion at trial, limitations on recovery, attorney fees, time to bring a malpractice action, and prohibition on plaintiffs asking for a specific amount in the prayer are also being challenged. The Act was enacted to protect the public health and wellbeing of the community by preserving the availability of professional services of physicians and other healthcare providers. The court upholds the constitutionality of the medical review panel requirement, the $500,000 limitation on recovery, and the limitation on attorney fees. However, the court notes that it is arbitrary to select injured patients to bear the burden of the recovery limitation being considered. The constitutionality of the provision in the Indiana Medical Malpractice Act that establishes a patient's compensation fund is being challenged. The right to trial by jury guaranteed by Art. I, § 20, of the Indiana Constitution is also being contested. The burden of proving the unconstitutionality of the Act falls on the party challenging it, and a statute will only be declared unconstitutional if its fatal constitutional defects are clearly apparent.
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