Indiana Court of Appeals Courtroom, State House, Room 413, Indianapolis, Indiana 40204
In this medical malpractice case, Appellant/Defendant Ray A. Haas, M.D. appeals a jury verdict in favor of Donald Bush, Personal Representative of the Estate of Elaine Bush. Haas claims the Indiana Supreme Court exceeded its authority under the Indiana Constitution when it established the loss of chance doctrine in the case of Mayhue v. Sparkman, 653 N.E.2d 1384 (Ind. 1995). Specifically, his challenge is based on article 1, § 1 and article 4, § 1 (separation of powers) and article 1, § 23 (equal privileges, including an as-applied challenge) of the Indiana Constitution. In a separate argument, Haas claims the trial court erred when it declined to exclude the written opinion of the Medical Review Panel from evidence at trial.
The Scheduled Panel Members are: Judges Friedlander, Kirsch and Bailey
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