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Case Law Update: One Year Statute of Limitations for Physicians Employed by Municipal Corporations

Thede v. Kapas, No. 3-07-0757 (10/21/08) concluded that there is no issue of material fact; and that defendant, physician, is entitled to summary judgment dismissing plaintiff’s complaint based on the one year statute of limitations then in existence for physicians employed by municipal corporations. Physician has unambiguous employment agreement with hospital, wherein hospital had the right to direct defendant, physician, notwithstanding release, which hospital had plaintiff sign, stating that physician was independent contractor. Further, release is not sufficient reason for refusal to apply limitations period based on equitable principles. This medical malpractice decision will have a great affect on statute of limitations for employees.