Tips for Lawyers: Rule 103(b) and Medical Malpractice

The Illinois Supreme Court handed down a new decision recently on its interpretation of Rule 103(b): in determining whether plaintiff was reasonably diligent under Rule 103(b), the trial court is not to consider the time when the case is voluntarily dismissed. Lawyers are advised to avoid taking any action that might seem like a delay, such as withholding summons upon filing a lawsuit. In the context of medical malpractice lawsuits, this means that medical malpractice lawyers should be careful to plan their litigation schedule and pay close attention to the length of time each phase of medical malpractice litigation requires. Additionally, medical malpractice lawyers should explain to their clients how timeliness is very important to their medical malpractice lawsuit.

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