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Wednesday, February 18, 2009

APPELLATE VICTORY: COURT UPHOLDS DISMISSAL OF WRONGFUL DEATH ACTION AGAINST DOCTOR

Lowis & Gellen appellate attorney Deborah M. O’Brien successfully defended the dismissal of a medical malpractice action before the First District Appellate Court. The appellate court affirmed the dismissal of a complaint alleging that the defendant physician was negligent in diagnosing and treating a fatal heart condition, on grounds that the plaintiff failed to timely satisfy the physician affidavit and report requirements of § 2-622 of the Code. Moreover, the court held that the plaintiff was not entitled to post judgment relief from the dismissal because she failed to prove due diligence in pursuing her action.

Trial attorney Jong-Won Hyun successfully defended the action in the Circuit Court of Cook County before Judge Kathy M. Flanagan.