Owens v. Manor Health Care Corp.

512 N.E.2d 820, 159 Ill. App. 3d 684, 111 Ill. Dec. 431, 1987 Ill. App. LEXIS 3011
CourtAppellate Court of Illinois
DecidedAugust 24, 1987
Docket4-87-0084
StatusPublished
Cited by26 cases

This text of 512 N.E.2d 820 (Owens v. Manor Health Care Corp.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Owens v. Manor Health Care Corp., 512 N.E.2d 820, 159 Ill. App. 3d 684, 111 Ill. Dec. 431, 1987 Ill. App. LEXIS 3011 (Ill. Ct. App. 1987).

Opinion

JUSTICE McCULLOUGH

delivered the opinion of the court:

The plaintiff brought suit against defendant, a nursing home, alleging failure to provide adequate supervision and care. On January-22, 1987, plaintiff’s complaint was dismissed with prejudice for failure to comply with section 2 — 622 of the Code of Civil Procedure. Ill. Rev. Stat. 1985, ch. 110, par. 2-622(a)(1).

On appeal, the plaintiff maintains that the trial court erred in holding defendant nursing home within the “healing art malpractice” provision, section 2 — 622 is constitutional, and the complaint was not in substantial compliance with section 2 — 622.

We reverse and remand.

On October 10, 1985, plaintiff, Rosalie M. Owens, guardian of Clifton Owens, filed a complaint in the circuit court of Champaign County, Illinois, against defendant, Manor Health Care Corp., d/b/a Americana Health Care Center. Plaintiff alleged that on October 21, 1983, Clifton Owens was injured due to the negligence of the defendant. The injury occurred when Owens, a resident of the defendant’s facility who was negligently restrained in his wheelchair, attempted to remove himself from his chair. Owens suffered a broken hip and other injuries as a result of the incident.

Attached to the complaint was an affidavit of the plaintiff’s attorney stating that he had consulted with the health-care professional who determined plaintiff had “a reasonable and meritorious” cause of action. The affidavit further stated it was not to be “construed as an admission that this case is subject to the provisions of Public Act 84— 7.”

On December 13, 1985, the defendant filed a motion to dismiss alleging failure to comply with section 2 — 622 of the Illinois Code of Civil Procedure. (Ill. Rev. Stat. 1985, ch. 110, par. 2 — 622.) Specifically, the defendant asserted that plaintiff failed to attach the written report of the health professional to the complaint, thereby rendering the entire complaint defective. Ill. Rev. Stat. 1985, ch. 110, par. 2— 622(g).

In response, plaintiff filed a motion to strike claiming: (1) section 2 — 622 applies only to healing art malpractice, which does not encompass shelter care; (2) section 2 — 622 is unconstitutional. Additionally, plaintiff filed a motion to attach the physician’s written report to the complaint.

On January 22, 1986, the court granted the defendant’s motion to dismiss with prejudice. The court found that the defendant fell within section 2 — 622 of the Illinois Code of Civil Procedure as a “healing art profession” and that plaintiff had failed to comply with the mandates of section 2 — 622.

The plaintiff maintains that shelter care or nursing homes were not contemplated by the legislature as being within the purview of section 2 — 622. Since nursing homes are custodial facilities and not engaged in the diagnosis, care, and treatment of human ailments, the plaintiff claims they are not a healing art profession.

Section 2 — 622 of the Code of Civil Procedure provides in pertinent part:

“Healing art malpractice, (a) In any action, whether in tort, contract or otherwise, in which the plaintiff seeks damages for injuries or death by reason of medical, hospital, or other healing art malpractice, the plaintiff’s attorney or the plaintiff, *** shall file an affidavit *** declaring one of the following:
1. That the affiant has consulted and reviewed the facts of the case with a health professional who the affiant reasonably believes is knowledgeable in the relevant issues involved *** [and] that the reviewing health professional has determined in a written report *** that there is a reasonable and meritorious cause for the filing of such action. ***
2. That the affiant was unable to obtain a consultation required by paragraph 1 because a statute of limitations would impair the action and the consultation required could not be obtained before the expiration of the statute of limitations. If an affidavit is executed pursuant to this paragraph, the certificate and written report required by paragraph 1 shall be filed within 90 days after the filing of the complaint. The defendant shall be excused from answering or otherwise pleading until 30 days after being served with a certificate required by paragraph 1.
* * *
(g) The failure to file a certificate required by this section shall be grounds for dismissal under Section 2 — 619.” Ill. Rev. Stat. 1985, ch. 110, par. 2-622.

Section 2 — 1704 of the Code states:

“Medical Malpractice Action. As used in this Part, 'medical malpractice action’ means any action, whether in tort, contract or otherwise, in which the plaintiff seeks damages- for injuries or death by reason of medical, hospital, or other healing art malpractice. The term ‘healing art’ shall not include care and treatment by spiritual means through prayer in accord with the tenets and practices of a recognized church or religious denomination.” Ill. Rev. Stat. 1985, ch. 110, par. 2 — 1704.

The interpretation and construction of statutory provisions are governed by the fundamental principle that the legislature’s intent should be ascertained and given full effect. (Benjamin v. Cablevision Programming Investments (1986), 114 Ill. 2d 150, 157, 499 N.E.2d 1309, 1313.) In determining the legislative intent, consideration must be given to the entire statute, its nature, object, purpose to be attained, and evil to be remedied. If the intent of the legislature can be ascertained from the language of the statute, then that intent will prevail without resort to extrinsic aids for construction. (114 Ill. 2d 150, 157, 499 N.E.2d 1309, 1313.) The language of a statute should be given its plain and ordinary meaning. Coldwell Banker Residential Real Estate Services of Illinois, Inc. v. Clayton (1985), 105 Ill. 2d 389, 475 N.E.2d 536.

The new medical malpractice provisions, adopted in 1985, were enacted to remedy a perceived crisis in the area of medical malpractice. (Bernier v. Burris (1986), 113 Ill. 2d 219, 229, 497 N.E.2d 763, 768; see also Comment, The Medical Malpractice Reform Act of 1985: Legislative Surgery Prescribed to Save Illinois Review Panels, 19 J. Marshall L. Rev. 637 (1986).) The specific purpose of section 2— 622 was to eliminate frivolous lawsuits at the pleading stage. 84th Ill. Gen. Assem., House Proceedings, May 23, 1985, at 406 (Rep. Hawkinson).

In Bernier, the Illinois Supreme Court addressed the constitutionality of certain provisions dealing with healing art malpractice.

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Bluebook (online)
512 N.E.2d 820, 159 Ill. App. 3d 684, 111 Ill. Dec. 431, 1987 Ill. App. LEXIS 3011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-manor-health-care-corp-illappct-1987.