(Download) "Hines v. Elkhart General Hospital" by Seventh Circuit United States Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Hines v. Elkhart General Hospital
- Author : Seventh Circuit United States Court of Appeals
- Release Date : January 03, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Plaintiffs-Appellants instituted this action in the district court for the Northern District of Indiana on July 3, 1978. The complaint, which invoked jurisdiction on the basis of diversity of citizenship, 28 U.S.C. § 1332, asserted an action to recover damages for the wrongful death of Paula J. Hines, whose death was occasioned by the alleged medical malpractice of defendants-appellees. Defendants responded to the action by moving to dismiss the complaint because plaintiffs failed to comply with the provisions of the Indiana Medical Malpractice Act of 1975 (Act), I.C. 16-9.5-9-1 Et seq. The district court dismissed the complaint without prejudice, concluding that the Act applied in federal diversity actions, and upholding the Act against plaintiffs numerous constitutional challenges. 465 F. Supp. 421. We affirm the district courts holding that the Act applies in diversity actions in the federal district courts of Indiana. We find it unnecessary in the circumstances of this case to consider plaintiffs constitutional challenges to the Act.
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