Stephanie Urbanek Secures Appellate Victory for Healthcare Client in Medical Malpractice Case

June 2021

In a recent appeal in a medical malpractice case concerning claims of breach of physician fiduciary duty, breach of verbal contract, fraud and profit disgorgement, partner Stephanie Urbanek secured a win for a local hospital by dismissing the amended complaint for failure to comply with the requirements of section 2-622 of the Code of Civil Procedure.

The case involved a physician that performed surgery on a gunshot wound to treat a ballistic chip fracture of the plaintiff’s right femur. The plaintiff alleged that the physician “coerced him into making the decision for surgery,” and that he would not have agreed to surgery if he had been told that his patella tendon would be “sliced from the mid portion on down” and that “muscles & tissues would be removed” to remedy the injury. He also claimed that he was not made aware of the risks associated with the surgery or that he would continue to suffer from post-operative pain. However, there was no affidavit or report from any healthcare professional attached to the complaint stating that there is a reasonable cause for filing the action.

The defendants filed multiple Motions to Dismiss, and the Circuit Court of Cook County dismissed the action with prejudice after the plaintiff’s repeated failure to file a 2-622 report in support of the claims. The plaintiff appealed the dismissal, and a response brief was then filed on behalf of the appellee hospital.

On June 4, the First District of the Illinois Appellate Court affirmed the lower court’s dismissal for failure to comply with the requirements of section 2-622 of the Code, finding that the circuit court did not err in dismissing the plaintiff’s amended complaint for failure to comply with the requirements.

Learn more about the decision here.

Stephanie concentrates her practice in the defense of physicians, hospitals, and other healthcare providers against claims of medical negligence. Since beginning her legal career, Stephanie has focused exclusively on litigation, with a focus on medical malpractice defense.