Attorney David Monteleone wrote a brief on behalf of the Illinois Supreme Court which was filed in early December 2022. The brief covers the level of proof a victim of medical malpractice has to show in order to convert a respondent in discovery into a defendant. Illinois law allows a victim of medical malpractice to designate a doctor as a respondent in discovery instead of a defendant at the outset of the case. Then, if the facts support it, the plaintiff is allowed to ask the court to convert the doctor from a respondent into a defendant. In the case at issue, the court refused to convert the doctor despite having the affidavit of a board-certified specialist who said the case was meritorious. The supreme court agreed to hear the case. A decision is expected in four to 6 months.
To learn more about the brief, click below: