Head v. CHILDREN'S HOSPITAL

The issue for decision in this matter is whether the plaintiff’s asserted cause of action is barred by the applicable statutes of limitations. We hold that to the extent the plaintiff’s claim can be construed as based on medical malpractice it is barred, but that to the extent it can be construed as a claim for ordinary negligence it is not. Accordingly, we reverse in part the decisions of the circuit court and the Court of Appeals.

I

The plaintiff was born on December 3, 1954. She was born prematurely and was treated for complications caused by that fact at defendant hospital. The treatment…