Williams v. Athletico, Ltd

Illinois Appellate Court
Civil Court
Medical Malpractice
Citation
Case Number: 
2017 IL App (1st) 161902
Decision Date: 
Tuesday, March 21, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Certified questions answered; remanded.
Justice: 
PIERCE

Plaintiffs, individually and as plenary coguardians of disabled person, sued physical therapy and rehab center, alleging they were negligent for failing to assess high school football player for symptoms of head trauma during high school football game, after he violently collided with a teammate. Plaintiffs were required to attach an affidavit and health professional's report pursuant to Section 2-622 of Code of Civil Procedure, as complaint alleges negligent conduct by a licensed athletic trainer hired to provide on-site injury evaluation and treatment. Court instructed to allow Plaintiffs a reasonable opportunity to comply with Section 2-622. Reviewing health professional need not be someone in same profession, with same class of license as the defendant athletic trainer, but instead must be a physician licensed to practice medicine in all its branches who is otherwise qualified under Section 2-622.(HYMAN and MASON, concurring.)