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Case Law Update: Doctrine of Revestment in Medical Malpractice

Wierzbicki v. Gleason, No. 1-06-3756 (3-6-09) is a sixth court decision that found that the trial court lacked jurisdiction to enter order reversing previous order allowing plaintiff to reinstate her medical malpractice action, which had been dismissed for want of prosecution, while the reinstatement order was on appeal. Further, doctrine of revestment does not apply to give court jurisdiction to vacate its order. In addition, since it appears from the record that the trial court reversed its previous ruling in order to punish plaintiff’s attorney for conduct which occurred outside of court’s presence, case will be remanded to be heard by a different judge. This decision will have a great impact on medical malpractice cases.