O'Casek v. Childrens Home and Aid Society of Illinois

State: Illinois

Court: 4th District Appellate

Docket No: 4-06-0344 Rel

Case Date: 06/25/2007

Preview:NO. 4-06-0344 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT

Filed 6/25/07

MARJORIE O'CASEK, as Special ) Appeal from Administratrix of the Estate of CARLA ) Circuit Court of THOMPSON, Deceased, ) McLean County Plaintiff-Appellant, ) No. 04L160 v. ) THE CHILDRENS HOME AND AID SOCIETY OF ) ILLINOIS, a/k/a THE CHILDREN'S ) FOUNDATION; OSF ST. JOSEPH MEDICAL ) CENTER; OSF ST. JOSEPH HEALTHCARE ) SYSTEMS, a/k/a OSF ST. JOSEPH MEDICAL ) CENTER; SUSAN G. EMMERSON, M.D.; and ) Honorable RICHARD D. CASTILLO, M.D., ) James E. Souk, Defendants-Appellees. ) Judge Presiding. _________________________________________________________________ JUSTICE COOK delivered the opinion of the court: This case arises out of medical treatment given to the 17-year-old decedent, Carla Thompson, in August 2000. Plaintiff,

Marjorie O'Casek, the special administratrix of Thompson's estate, filed a medical-malpractice claim in August 2002 against defendants, the Children's Home and Aid Society of Illinois (CHASI), OSF St. Joseph Healthcare Systems (OSF), and treating physicians Dr. Susan G. Emmerson and Dr. Richard D. Castillo. Plaintiff originally filed her complaint in August 2002. She voluntarily dismissed the complaint in February 2003 Plaintiff's refiled complaint did

and refiled in February 2004.

not contain the physician's report as required by section 2622(a)(1) of the Code of Civil Procedure (735 ILCS 5/2-622(a)(1) (West 2004)), and instead plaintiff attached an affidavit under

subsection (a)(2), requesting an additional 90 days to file a physician's report. Defendants filed a motion to dismiss pursuant to this court's decision in Cargill v. Czelatdko, 353 Ill. App. 3d 654, 818 N.E.2d 898 (2004) (Fourth District), appeal denied, 214 Ill. 2d 528, 830 N.E.2d 1 (2005). Cargill held that Public Act 90-579

(Pub. Act 90-579,

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