Young v. U.S.

Dist. Ct. did not err in granting defendant-government’s motion for summary judgment in plaintiff-prisoner’s Federal Tort Claims Act claim, alleging that physicians at his prison committed medical malpractice by not performing or authorizing surgery to correct his cataract condition. Requirement under section 2-622 of Ill. Code of Civil Procedure that plaintiff obtain affidavit from medical professional that “there is reasonable and meritorious cause” for litigation of medical malpractice claim applied to instant lawsuit. Moreover, while plaintiff’s complaint could not be dismissed because it lacked such affidavit at time complaint was filed, since section 2-622 allows for delay in filing affidavit where, as here, plaintiff lacked access to records needed for evaluation of his claim, Dist. Ct. could properly grant defendant’s motion for summary judgment that asserted lack of required affidavit, where plaintiff did not try to comply with said requirement within six months after filing instant complaint. Ct. rejected plaintiff’s claim that recommendation that he obtain surgery for his condition satisfied any obligation under section 2-622.