Pending suit saves death claim add-on

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 2, 2018 1:01 PM

Jill Prusak filed a medical-malpractice complaint in 2011 and died two years later, more than four years after she last received treatment from the defendants. Her daughter, Sheri Lawler, stepped in as plaintiff and added a wrongful-death claim based on the same alleged negligence.The defendants moved to dismiss arguing that (1) the wrongful-death claim did not accrue until Prusak died, and (2) the new action was barred by the four-year statute of repose provided for medical-malpractice cases by Section 13-212(a) of the …

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