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YOUNG v. McKIEGUE

No. 1-98-0369.

708 N.E.2d 493 (1999)

303 Ill. App.3d 380

236 Ill.Dec. 907

Margaret YOUNG, as special administratrix for the estate of Harold Young, deceased, Plaintiff-Appellant, v. Dr. Mark McKIEGUE, Individually and as agent of Dr. Russell Thornton, Midwest Physician Group, Ltd., and Dr. Michael Settecase, Defendants-Appellees (Olympia Fields Osteopathic Medical Center, a member of the Chicago Osteopathic Hospitals and Medical Centers, Dr. Russell Thornton, Dr. Robert Ching, Dr. Pesek, Dr. David Stambanes, and unknown staff, nurses and doctors at Olympia Fields Osteopathic Medical Center, and Dr. Ken Perez, Defendants).

Appellate Court of Illinois, First District, Third Division.

March 3, 1999.

Attorney(s) appearing for the Case

Fishman, Fishman & Saltzberg, P.C., Chicago (Michael P. Barone; Carol Collins, of counsel), for Appellant.

Lord, Bissell & Brook, Chicago (Chad M. Castro; Hugh C. Griffin; Diane I. Jennings; Cara E. Zemenak, of counsel), for Appellees-Dr. Mark McKiegue; Midwest Physician Group, Ltd., and Dr. Michael Settecase.

Justice CERDA delivered the opinion of the court:

The question presented by this appeal is whether we can determine, as a matter of law, the date when the two-year statute of limitations governing medical malpractice actions under section 13-212(a) of the Code of Civil Procedure (Code) (735 ILCS 5/13-212(a) (West 1996)), and applicable to plaintiff's claims under the Wrongful Death Act (740 ILCS 180/1 et seq. (West 1994...

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