Plaintiff filed medical malpractice action against several defendants, and on 3/30/15 voluntarily dismissed all defendants except one physician, who was then voluntarily dismissed on 5/15/15. Plaintiff refiled against defendants on 3/28/16. In 2019, court granted motions for summary judgment in favor of 4 physicians and clinic, and denied Plaintiff leave to file amended complaint. Court properly found that claims against 3 defendant physicians are barred by 8-year statute of repose, as Plaintiff's original complaint was filed more than 8 years after the last date upon which any of these Defendants treated the patient (Plaintiff's 4-year-old child). Court erred in barring Plaintiff's only controlled expert from testifying at trial as a sanction for expert's not appearing for his deposition by the court's deadline; minor litigants are entitled to special protection to do substantial justice. (ROCHFORD and DELORT, concurring.)
Illinois Appellate Court
Civil Court
Medical Malpractice