Lee v. Berkshire Nursing & Rehab Center, LLC

Illinois Appellate Court
Civil Court
Medical Malpractice
Citation
Case Number: 
018 IL App (1st) 171344
Decision Date: 
Monday, July 16, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div,
Holding: 
Reversed and remanded.
Justice: 
HARRIS

Plaintiffs filed medical negligence complaint, and at time of filing attorney affidavit stated that an additional 90 days were needed to get a Section 2-622 reviewing physician report. The day after that 90 days expired, Defendants filed motion to dismiss on basis that Plaintiff still had not filed Section 2-622 report. Court abused its discretion in dismissing with prejudice the counts against appellees. Court wrongly converted the 90-day period into another time limitation that would cut off all relief if appellants failed to comply, which is not the legislative intent of the statute. Court should have dismissed counts without prejudice to allow opportunity to refile complaint with Section 2-622 report and affidavit. (PIERCE and MIKVA, concurring.)