Taylor Krieter sued Dr. Jatinder Kansal for battery and intentional infliction of emotional distress. She alleges Dr. Kansal touched her inappropriately when she was his patient. Dr. Kansal, who denies any inappropriate touching, filed a motion to dismiss for lack of subject-matter jurisdiction. He argues that Krieter’s complaint is governed by Indiana’s Medical Malpractice Act and that she was required, but failed, to follow the requirements of the Act before pursuing her claims in court. The trial court denied Dr. Kansal’s motion to dismiss, and he now brings this interlocutory appeal.

The scheduled panelists are Judge Vaidik, Judge Tavitas, and Judge Foley.