Fox v. Gauto

Illinois Appellate Court
Civil Court
Case Number: 
2013 IL App (5th) 110327
Decision Date: 
September 5, 2013
5th Dist.
Williamson Co.
Certified questions answered; remanded.
Court's exercise of discretion where a plaintiff moves to amend or file new Section 2-622 documents, in medical malpractice case, is not evaluated under same "good cause" standard used to extend Section 2-622's 90-day deadlines, but depends on whether proposed amendments or substitutions would cause "prejudice" to the defense. Inconvenience or delay alone is insufficient to establish any prejudice that could justify denying a medical malpractice leave to amend; instead, the delay must operate to hinder the defendant's ability to present his case on the merits. (WEXSTTEN and CATES, concurring.)