Uldrych v. Vhs of Illinois, Inc.
239 Ill. 2d 532
| Ill. | 2011Background
- Rudolph Uldrych underwent gastric bypass at MacNeal Hospital on Feb 10, 2003.
- In Feb 2005, Rudolph and Helen Uldrych filed a medical malpractice action against Joyce, Zawacki, Suburban Surgical, and MacNeal.
- Rudolph died; Helen was appointed special administrator of his estate.
- On Aug 26, 2005, Helen filed a second-amended complaint for survival and wrongful death.
- On Aug 27, 2008, VHS of Illinois, Inc. d/b/a MacNeal Hospital filed a counterclaim seeking indemnification for a $1 million settlement.
- On Sept 19, 2008, the underlying action was dismissed by settlement, but the counterclaim remained pending; the amended counterclaim alleged implied indemnity against the doctors and Suburban Surgical for the settlement amount.
- Nov 7, 2008, the circuit court dismissed the counterclaim as time-barred under 13-212(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which statute governs implied indemnity in medical malpractice cases? | MacNeal argues 13-204(e) exempts; 13-205 applies if not. | Uldrych defendants argue 13-212(a) governs due to medical-malpractice context. | 13-212(a) governs; 13-204(e) exemption applies; 13-205 does not apply. |
| Is a medical malpractice repose applicable to implied indemnity claims against physicians/hospital for patient-care injuries? | MacNeal contends implied indemnity falls under 13-212 via Hayes/Travelers distinctions. | Uldrych asserts 13-212 is not applicable to implied indemnity. | Yes; implied indemnity arising from patient care falls within 13-212(a). |
Key Cases Cited
- Hayes v. Mercy Hospital & Medical Center, 136 Ill.2d 450 (1990) (contribution actions arise under the medical malpractice repose)
- Ashley v. Evangelical Hospitals Corp., 230 Ill.App.3d 513 (1992) (extends Hayes to implied indemnity in medical context)
- Travelers Casualty & Surety Co. v. Bowman, 229 Ill.2d 461 (2008) (limits of repose analysis; distinguishes medical context)
- Roberson v. Belleville Anesthesia Associates, Ltd., 213 Ill.App.3d 47 (1991) (early application to implied indemnity in medical context)