Cunningham v. Huffman

The case before us today requires us to determine whether the Illinois medical malpractice statute of repose can countenance a judicially imposed exception in the form of the so-called continuous course of treatment doctrine. (Ill. Rev. Stat. 1989, ch. 110, pars. 2 — 619(a)(5), 13 — 212.) That is to say, whether the Illinois four-year statute of repose is tolled until the date of last treatment when there is an ongoing patient/physician relationship. While several of our sister States and our own appellate court have embraced the doctrine, the issue is of first impression with us.

The facts of…