A
cardiologist and hospital entered into a contract by which the hospital agreed
to provide billing services for the physician. When a dispute arose as to the
hospital's provision of services under the agreement, the cardiologist sued
for $15.5 million in damages. The lower court agreed with the hospital's assertion
that the two-year statute of limitations for tort claims applied to the lawsuit,
since the lawsuit involved the tort of negligent provision of services. Thus,
the lower court dismissed the suit as being untimely. However, the United States
Court of Appeals for the Seventh Circuit applied the six-year statute of limitations
for contract claims, finding that the physician was actually asserting a claim
for breach of contract. Thus, the appeals court allowed the physician's case
to proceed.