Brief facts:

MacNeal Hospital filed a counterclaim against the defendant-physicians and alleged that it agreed to pay $1,000,000 to settle the underlying medical malpractice action and sought indemnification from the doctors (i.e., to be paid back that amount since the Hospital settled due to the alleged negligence of the doctors).

Holding:

On March 2, 2010, in Uldrych v. MacNeal Hospital, et. al., the 1st District Appellate Court upheld the trial court and held the counterclaim for implied indemnity was time-barred because it was not filed within the medical malpractice statute of limitations (2 years) and repose (4 years).

Bottom Line:

An indemnification action must be filed within the same statute of limitations and repose period as your underlying medical malpractice action.