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Case Law Update: Reports in Medical Malpractice

Crull v. Sriratana, M.D., No. 4-06-0952 (3/23/09) affirmed a previous opinion which found that the trial court did not err when it dismissed plaintiff’s medical malpractice complaint with prejudice after trial court learned that plaintiff’s attorney relied on report of medical consultant whose license of practice medicine had been suspended for felony narcotics conviction when he signed affidavit to extend time for filing 2-622 report. In addition, plaintiff’s reply brief is stricken for failure to recite authority or contain recitation to the record; and for making statements of fact outside of, and inconsistent with, the record. This decision will impact medical malpractice cases.