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Ratcliffe v. Apantaku12/29/2000
Appeal from the Circuit Court of Cook County Honorable Michael Hogan, Judge Presiding.
This appeal arises from the dismissal of plaintiff's complaint for failure to file a physician's report as required by 735 ILCS 5/2-622 (West 1998). Plaintiff's complaint alleged numerous acts of medical negligence committed by defendants that resulted in the death of Irma Ratcliffe ("Decedent"). Plaintiff-Appellants are Sherry and Glen Ratcliffe who are husband and wife (collectively referred to as "Ratcliffe"). Decedent was Sherry Ratcliffe's mother. Sherry Ratcliffe filed this action on behalf of Decedent and was later appointed Special Administrator of Decedent's Estate by the trial judge. Ratcliffe has not retained counsel and is representing Decedent's interests in the matter pro se as she did below.
The Defendants-Appellees are Dr. Frank Apantaku ("Apantaku"); Trinity Hospital ("Trinity"); University of Chicago Hospital ("UCH"); and Illinois Home Health Care, Inc. ("Home")(hereinafter collectively referred to as "Defendants"). We state only those facts necessary for disposition of this appeal. Ratcliffe's complaint alleges that Apantaku's negligent treatment of Decedent resulted in her death due to urosepsis. According to Ratcliffe, the urosepsis developed because of an un-checked urinary tract infection which both Apantaku and Trinity negligently failed to detect and promptly treat. Ratcliffe also alleges that Trinity and Home failed to acknowledge and respond to complaints made by Ratcliffe concerning the negligent care administered to Decedent by Apantaku. Because of Apantaku and Trinity's alleged negligence concerning Decedent's care, Ratcliffe brought Decedent into the emergency room at UCH. Ratcliffe further asserts that UCH was also negligent in failing to administer proper care and effectively hastened the death of Decedent. Based on the above allegations, Ratcliffe, on behalf of Decedent's estate, sought monetary damages in excess of fifty- thousand dollars against each Defendant
Ratcliffe filed her complaint in the circuit court on April 10, 1998. On July 6, 1998, Trinity filed a motion to dismiss Ratcliffe's complaint and UCH was granted leave by the trial court to join in that motion. Apantaku also filed a motion to dismiss the complaint on August 13, 1998. One of the grounds alleged in the Defendants' motion to dismiss was Ratcliffe's failure to file a physician's report as required by 735 ILCS 5/2-622. Section 2-622 states in relevant part:
"(a) In any action, * in tort * in which the plaintiff seeks damages for injuries or death by reason of medical, hospital or another healing art malpractice, the plaintiff's attorney or the plaintiff, if the plaintiff is proceeding [pro se], shall file an affidavit, attached to the original and all copies of the complaint, declaring one of the following:
1. That the affiant has consulted and reviewed the facts of the case with a health professional who the affiant reasonably believes: (i) is knowledgeable in the relevant issues involved in the particular action; (ii) practices or has practiced within the last 6 years or teaches or has taught within the last 6 years in the same area of health care or medicine that is at issue in the particular action; and (iii) is qualified by experience or demonstrated competence in the subject of the case; that the reviewing health professional has determined in a written report, after a review of the medical record and other relevant material involved in the particular action that there is a reasonable and meritorious cause for filing such action; and that the affiant has concluded on the basis of the reviewing health professional's review and consultation that there is a r
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