Court dismissed pro se Plaintiff's wrongful death action alleging medical negligence. Court erred in granting Defendants' motions to dismissed based on its finding that nullity rule applied to render the complaint a nullity. Defendants presented no evidence that they were prejudiced by Plaintiff's conduct in filing her complaint pro se to avoid statutory time bar; and no evidence that Plaintiff's conduct harmed decedent's next of kin, public, or integrity of court system. Alternative remedy to dismissal under nullity rule would be to allow Plaintiff's present counsel to amend complaint to include Section 2-622 affidavit. Court abused its discretion in finding lack of good cause to grant Plaintiff extension of time to comply with Section 2-622 requirements, given Plaintiff's difficulty in obtaining legal counsel to pursue her claims.(GORDON and REYES, concurring.)
Illinois Appellate Court
Civil Court
Medical Malpractice