HINKLE v. HENDERSON

No. 95-3149.

85 F.3d 298 (1996)

Tomra HINKLE, a minor, by Patricia HINKLE, her mother and next friend, Patricia Hinkle, individually, and Thomas Hinkle, individually, Plaintiffs-Appellants, v. William HENDERSON, M.D., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 31, 1996.


Attorney(s) appearing for the Case

Lance Wittry, Cheryl A. Planck, Indianapolis, IN, for Plaintiffs-Appellants.

Richard E. Stites (argued), Livingston, Barger, Brandt & Schroeder, Bloomington, IL, for Defendant-Appellee.

Before CUMMINGS, MANION and EVANS, Circuit Judges.


CUMMINGS, Circuit Judge.

This diversity medical malpractice case raises an interesting question of Illinois law. Illinois has adopted a special statute of limitations for medical malpractice actions that contains a standard limitation period in which an action must be brought after a plaintiff discovers his injury. The statute also establishes an outside time limit in which an action must be brought, unaffected by a plaintiff's knowledge of his injuries, known as...

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