IssueIs a trial court "without discretion" to grant extension of time for obtaining certificate of merit when plaintiff fails to comply with 2-622?Terrance Owens v. Riverside Medical Center, et al., 2020 IL App (3d) 180391Case SummaryOn September 11, 2017, plaintiff filed a medical malpractice lawsuit to which an affidavit was attached requesting a ninety (90) day extension of time to obtain a certificate of merit, which is required by 735 ILCS 5/2-622. Plaintiff filed no formal written request for a successive extension of time.

On March 21, 2017, the First District Appellate Court agreed with Brad’s argument. The First District held that a plaintiff was required to comply with the requirements of Illinois’ Healing Art Malpractice statute, 735 ILCS 5/2-622, where the complaint alleged negligence against a licensed athletic trainer for failing to assess and evaluate a concussion sustained by a student athletic during a high school football game. Brad served as lead author of defendants’ Rule 308 appeal in Williams.