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Case Law Update: Summary Judgment in Medical Malpractice

Forsberg v. Edward Hospital and Services, No. 2-08-0243 (4-8-09) affirmed that although a Section 2-622 report is not automatically excluded from use by plaintiff to rebut defendant’s motion for summary judgment in medical malpractice action, the 2-622 report attached to the plaintiff’s complaint does not satisfy the requirements of SCR 191, since the report relies on records that are not attached. Further, the common knowledge and “captain of the ship” doctrines are not sufficient to overcome defendant’s affidavits that he justifiably relied on sponge count of nursing staff to insure that no sponge was left in plaintiff before he left operating room after lumpectomy. Therefore, defendant is entitled to summary judgment dismissing plaintiff’s complaint. This case will greatly impact medical malpractice cases.