Federal prisoner’s med-mal suit fails; doctor’s affidavit needed

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Fisher LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted November 12, 2019 10:34 AM

Today’s case is an interesting one of first impression by the 7th U.S. Circuit Court of Appeals regarding the Illinois requirement that a medical-malpractice complaint include an affidavit stating a doctor has determined there exists a “reasonable and meritorious basis” for the lawsuit.The 7th Circuit ruled that while the affidavit must be attached to the complaint in state court, the affidavit need not be attached to the complaint in federal court, though it must be filed with the court during discovery.In Young v. U.S …

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