Stephanie Urbanek and Jason Gluskin Secure Dismissal of a Medical Malpractice Case

October 2021

Partner Stephanie Urbanek and associate Jason Gluskin secured dismissal, with prejudice, of a medical malpractice case filed pro se against the defendant-hospital.

The plaintiff first filed a complaint against the hospital in July 2019, alleging medical malpractice that occurred between 2011 and 2015. However, there were no efforts to serve the defendant until May 2021, which was approximately three years and eleven months after the statute of limitations had run in July 2017 per 735 ILCS 5/13-212.

Stephanie and Jason filed a motion to dismiss pursuant to Illinois Supreme Court Rule 103(b), arguing that the plaintiff did not exercise diligence in issuing summons and serving the hospital.

The plaintiff presented no evidence that the defendant had any notice or knowledge of the suit or that the defendant would not be prejudiced by the delay, as it adversely affected the hospital’s ability to investigate and defend the claim. Furthermore, the plaintiff easily obtained service to the defendant on her first attempt and provided no special circumstances that explained the reason for the delay.

The judge agreed with Stephanie and Jason’s argument, ruling that they established a prima facie case that the plaintiff failed to exercise reasonable diligence in serving the defendant and granted the motion to dismiss.

Stephanie focuses her practice on litigation with an exclusive interest in defending healthcare providers against claims of medical negligence. She has been recognized as a top-rated medical malpractice attorney in Chicago, a Rising Star by Illinois Super Lawyers and as an Emerging Lawyer by Leading Lawyers Network.

Jason’s practice is concentrated in areas of medical malpractice and healthcare defense. With his prior work representing the interests of employers and insurance carriers before the Illinois Workers Compensation Commission, he brings a breadth of unique experience and knowledge to each case. Jason has been recognized as a Rising Star by Illinois Super Lawyers and has been recognized in the 2022 Edition of Best Lawyers: One to Watch.