Lawler v. University of Chicago Medical Center

Prusak filed medical malpractice complaint in 2011, against Dr. Jager, University Retina, and University of Chicago medical providers. Prusak claimed that from 2007-2009, she received treatment from Dr. Jager for “flashes, spots and floaters in her eyes.” In 2009, she underwent a brain biopsy that showed she had central nervous system lymphoma. She alleged that Dr. Jager was negligent in failing to order appropriate diagnostic testing. Prusak died in November 2013. Prusak’s daughter was allowed to substitute herself as plaintiff, as the executor of Prusak’s estate and, in April 2014, filed an amended complaint, citing the Wrongful Death Act (740 ILCS 180/2), and the Survival Act (755 ILCS 5/27-6) and the same allegations of negligence as the original complaint. Defendants alleged that plaintiff’s wrongful death claim was barred by the four-year medical malpractice statute of repose because decedent had died more than four years after the last alleged act of negligent medical treatment. Plaintiff responded that the wrongful death claim related back to the original complaint under 735 ILCS 5/2-616(b). The circuit court dismissed the wrongful death claim. The appellate court reversed. The Illinois Supreme Court affirmed. The wrongful death action accrued upon decedent’s death, which occurred after the four-year repose period had expired. If plaintiff had filed an original wrongful death complaint at that time, it would have been barred by the statute of repose but a pending complaint can be amended to include a wrongful death claim that accrued after the statute of repose expired. View "Lawler v. University of Chicago Medical Center" on Justia Law