BRUSO BY BRUSO v. ALEXIAN BROS. HOSP.

Nos. 81369, 81451 and 81474.

687 N.E.2d 1014 (1997)

178 Ill.2d 445

227 Ill.Dec. 532

Brian BRUSO, a Minor by His Mother and Next Friend, Elaine BRUSO, et al., Appellees, v. ALEXIAN BROTHERS HOSPITAL, et al., Appellants.

Supreme Court of Illinois.

Rehearing Denied December 1, 1997.


Attorney(s) appearing for the Case

Nancy G. Lischer, Hinshaw & Culbertson, Chicago, for Alexian Brothers Hospital in No. 81369.

David A. Novoselsky, David A. Novoselsky & Associates, Chicago, Goldberg & Goldberg, Chicago, for Brian Bruso in Nos. 81369, 81451 and 81474.

Mark D. Deaton, Illinois Hospital Association, Naperville, for Amicus Curiae Illinois Hosp. and Health Systems Ass'n in No. 81369.

Kurt D. Lloyd, Chicago, for Amicus Curiae in No. 81369.

Robert Marc Chemers, Scott L. Howie, Pretzel & Stouffer, Chartered, Chicago, for William Matviuw in No. 81451.

Kelly A. Giampa, Bollinger, Ruberry & Garvey, Chicago, for Peter D. Scalzitti in No. 81451.

Diane I. Jennings, Lord, Bissell & Brook, Chicago, for Howard Singer, Jerry Levin in No. 81474.


Justice BILANDIC delivered the opinion of the court:

The sole issue in this appeal is whether a medical malpractice plaintiff who suffers from the dual legal disabilities of minority and mental incompetency is subject to the eight-year repose period for minors contained in the medical malpractice statute of limitations or is entitled to application of the tolling provision for legal disabilities other than minority contained in that statute (735 ILCS 5/13-212(b),...

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