Hamil v. Vidal

The sole issue on appeal is whether the statute of limitations in a medical malpractice case should be tolled by the incarceration of the victim of the alleged malpractice. It must be noted that, because the trial court dismissed the plaintiff’s action at the pleadings stage, the facts as stated in the pleadings have been taken as true for purposes of this appeal.

Plaintiff, Roy Lee Hamil, was incarcerated during two separate periods of time. While an inmate at the Menard Correctional Center, Hamil suffered a broken leg which was treated and set in a cast by defendant physicians, David Vidal…