INDIANAPOLIS -- A ruling from the Indiana Court of Appeals will allow a Hancock County widower to challenge the constitutionality of the state's medical malpractice law.

Timothy Plank's wife Debbie died after he said doctors waited too long to perform intestinal surgery.

"It's been a living hell to have to go through this all the time," Plank said. "There were several different mess-ups throughout the chain of events."

In 2009, a jury awarded Plank $8.5 million, $7.25 million more than the state's cap on malpractice damages allows, RTV6's Joanna Massee reported.

Plank's wife died at Community North hospital. Lynda de Widt, Community North spokeswoman, said officials are still evaluating Plank’s claims.

“On Oct. 25, 2011, the Indiana Court of Appeals issued a preliminary opinion in the Plank matter. Mr. Plank is attempting to challenge the constitutionality of Indiana’s cap on damages in medical malpractice cases. Without addressing the merits of Mr. Plank’s arguments, the Court found he was entitled to an evidentiary hearing regarding the constitutionality of the state’s malpractice cap. We are still evaluating the Court’s ruling and are beginning our preparation for the evidentiary hearing. After this evidentiary hearing, we believe that the appropriate court will uphold the constitutionality of the medical malpractice cap, which has preserved the availability of health care services in Indiana and has served this state well over the last 35 years,” de Widt said.

In 1975, Indiana Gov. Otis Bowen signed the medical malpractice act into law, originally capping damages at $500,000. The act sought to prevent doctors from closing their doors due to high insurance payments.

Indianapolis malpractice attorney Mary Findling said the system forces all Hoosiers to pay a price.

“If these bad doctors commit malpractice on patients, they end up with lots of medical expenses. Who pays for that? We do, through health insurance premiums, Medicare or Medicaid," Findling said.

Attorney Bruce Kehoe said he considered the court’s decision a victory, even though it does not declare the cap unconstitutional.

"It's a victory because it keeps the court's review of this issue alive," Kehoe said. "The door is not closed, but at least it’s cracked."

Many members of the medical community said they support the state's cap on damages.

Angela Smith, an attorney representing the Indiana Hospital Association, said there were valid reasons for the implementation of the medical malpractice act.

"We are just as litigious as ever as a society, and so there remains a huge concern with runaway jury awards," Smith said. "Hospitals are now operating on a slimmer margin than ever."