BOGGS v. TRI-STATE RADIOLOGY, INC.

No. 82S04-0002-CV-115.

730 N.E.2d 692 (2000)

R.C. BOGGS, Individually and on behalf of Carolyn Boggs, Deceased, Appellant (Plaintiff Below), v. TRI-STATE RADIOLOGY, INC., Appellee (Defendant Below).

Supreme Court of Indiana.

June 28, 2000.


Attorney(s) appearing for the Case

Mary Beth Ramey, Indianapolis, Indiana, Attorney for Appellant.

Douglas V. Jessen, Evansville, Indiana, Karl Mulvaney, Indianapolis, Indiana, Attorneys for Appellee.


ON PETITION TO TRANSFER

BOEHM, Justice.

We hold that the Indiana Constitution is not violated by application of the Medical Malpractice Act's two-year limitations period to bar a claim that was discovered several months before the limitations period expired and well within two years of its occurrence.

Factual and Procedural Background

In July 1991 Carolyn Boggs went to Doctor Robert H....

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