Azmat v. Bauer

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The Supreme Court reversed the judgment of the circuit court dismissing this medical malpractice action, holding that summary judgment was improper. Plaintiff, as next friend of her child, brought this suit alleging that her child's developmental delays were caused by her obstetrician's negligence in her prenatal care and the child's delivery. Before trial, Defendant moved to strike Plaintiff's experts on the grounds that Plaintiff had engaged in the unauthorized practice of law. The trial court found that Plaintiff had engaged in the unauthorized practice of law and struck Plaintiff's expert witnesses. Thereafter, the court entered an order dismissing the case with prejudice. The Supreme Court reversed, holding (1) Plaintiff did not engage in the unauthorized practice of law, and therefore, it was error for the trial court to strike the expert disclosures; and (2) Plaintiff presented expert witnesses sufficient to survive a motion for summary judgment. View "Azmat v. Bauer" on Justia Law