Statute of Limitations/Repose for Implied Indemnity

Brief facts:

MacNeal Hospital filed a counterclaim against the defendant-physicians and alleged that it agreed to pay $1,000,000 to settle the underlying medical malpractice action and sought indemnification from the doctors (i.e., to be paid back that amount since the Hospital settled due to the alleged negligence of the doctors).

Holding:

On March 2, 2010, in Uldrych v. MacNeal Hospital, et. al., the 1st District Appellate Court upheld the trial court and held the counterclaim for implied indemnity was time-barred because it was not filed within the medical malpractice statute of limitations (2 years) and repose (4 years).

Bottom Line:

An indemnification action must be filed within the same statute of limitations and repose period as your underlying medical malpractice action.

Illinois Supreme Court ruling re: tax exemptions for not-for-profit hospitals

On March 18, 2010, in Provena Covenant Medical Center v. Department of Revenue, the Illinois Supreme Court ruled that Provena Covenant Medical Center in Urbana had not dispensed enough charity care to merit a property tax exemption. Provena failed to demonstrate that it was a charitable institution for the year 2002, and it was denied a property tax exemption for the tax year in question as a result.