Mosby v. Michael Reese Hospital

The question posed by this appeal is this: Is the two-year statute of limitations for personal injuries tolled in a malpractice case if the plaintiff is unaware of the negligent act which caused her injury and through, no fault of her own does not learn of it until more than two years after it occurred.

The question, which has not been passed upon heretofore by a court of review in this State, arises from these facts, admitted by the defendant’s motion to strike the plaintiff’s complaint: Eowena Mosby was operated on by agents of the defendant on March 25, 1956. A surgical needle used during…