Cutler v. Northwest Suburban Community Hospital, Inc. 

Plaintiff filed third amended complaint for wrongful death/medical malpractice in post-operative care after bariatric surgery. Even though reviewing physician's report did not state the manner in which he had been practicing within the last six years, the circumstances, including his prior depositions, sufficiently establish that he had practiced within the last six years in the same area of health care at issue in the case, and his report stated that he was familiar with patients of the type involved. Physician's prior depositions do not materially conflict with his report, so that Section 2-622(e) deposition of physician is not justified. Court should have granted request for contempt finding, rather than dismiss complaint with prejudice, as Plaintiff had good-faith basis to refuse to produce physician for deposition in that confusion existed, at time of filing, as to whether disclosure of reviewing physician's identity was required. (ZENOFF and BURKE, concurring.)