Deadline tied to death suit receives OK

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted October 17, 2016 1:35 PM

In 2015, the Illinois Appellate Court reignited a dormant dispute about whether the discovery rule applies when a complaint with wrongful death and survival claims is based on alleged medical malpractice.Randall W. Moon, as executor of his mother Kathryn Moon’s estate, invoked the discovery rule when he sued a radiologist and her employer under the wrongful-death and survival statutes, in March 2013, for allegedly causing Kathryn’s death on May 29, 2009, by misreading her CT scans.According to Section 2(c) of …

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