Plank v. Community Hospitals of Indiana, Inc.
981 N.E.2d 49
| Ind. | 2013Background
- Plank sought an evidentiary hearing to challenge the Act's cap on medical malpractice damages after a verdict reduced to $1.25 million.
- Trial court initially ruled Plank waived the challenge; later allowed briefing and considered Johnson v. St. Vincent Hospital.
- Jury awarded $8.5 million; Community moved to reduce under the cap; trial court entered $1.25 million judgment.
- Plank objected eight days later, requesting an evidentiary hearing to develop the constitutional record; the court denied.
- Court of Appeals reversed; this Court granted transfer and affirmed the denial of the hearing on constitutional grounds.
- Court held Plank forfeited the right to an evidentiary hearing due to failure to raise the issue earlier and to preserve the claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Plank forfeited the right to an evidentiary hearing | Plank should be allowed to develop the record post-verdict | Waiver/forfeiture precludes a late evidentiary hearing | Forfeiture, not waiver, barred the hearing |
| Whether Johnson grants continued validity to the cap despite changed conditions | Johnson could be revisited in light of current conditions | Johnson controls; cap remains constitutional as originally upheld | Johnson not reopened; cap persists |
| Whether an evidentiary hearing was required to address the constitutional challenge | Record development via hearing necessary to contest the cap | Record already shows cap's reasonableness; no hearing required | No right to an evidentiary hearing; record insufficient to reopen |
Key Cases Cited
- Johnson v. St. Vincent Hosp., 404 N.E.2d 585, 404 N.E.2d 585 (Ind. 1980) (upheld constitutionality of cap under various provisions)
- Collins v. Day, 644 N.E.2d 72, 644 N.E.2d 72 (Ind. 1994) (recognizes potential changes in conditions may affect constitutionality)
- Cha v. Wamiclk, 476 N.E.2d 109, 476 N.E.2d 109 (Ind. 1985) (“medical emergency” and reasonableness of the Act's approach)
- Morse v. State, 593 N.E.2d 194, 593 N.E.2d 194 (Ind. 1992) (courts may address constitutional issues even if waived)
- Endres v. Ind. State Police, 809 N.E.2d 320, 809 N.E.2d 320 (Ind. 2004) (waiver review doctrine in constitutional challenges)