Lawler v. The University of Chicago Medical Center
Lawler v. The University of Chicago Medical Center
Opinion
*1092
¶ 1 In this case, we consider whether the relation back statute ( 735 ILCS 5/2-616(b) (West 2010)) applies to a wrongful death claim when the death occurs more than four years after the alleged act of negligence. Plaintiff, Sheri Lawler, filed an amended complaint alleging a wrongful death claim against defendants, numerous medical providers. Defendants sought to dismiss the claim as time-barred by the four-year medical malpractice statute of repose. 735 ILCS 5/13-212(a) (West 2010). The circuit court of Cook County granted defendants' motions. However, on appeal, the appellate court reversed.
¶ 2 BACKGROUND
¶ 3 This case is before us on the pleadings. Jill Prusak, decedent, filed a two-count complaint on August 4, 2011, alleging medical malpractice against Dr. Rama D. Jager, University Retina and Macula Associates, P.C. (University Retina), and numerous University of Chicago and Advocate medical providers. 1 The complaint alleged that from November 5, 2007, through July 2009, Prusak received medical care and treatment from Dr. Jager for "flashes, spots and floaters in her eyes." On August 7, 2009, she underwent a brain biopsy that showed she had central nervous system lymphoma. She alleged that Dr. Jager was negligent in the following ways:
"a) [f]ailed to order appropriate diagnostic testing on November 5th, 2007 for a patient with bilateral metamorphopsia and visual acuity that could not be corrected to normal levels in either eyes [ sic ];
b) [f]ailed to diagnose macular pathology, and
c) [f]ailed to perform appropriate medical evaluation of a 47 year old patient with macular pathology and no known systemic illness."
*1093 Count I was directed against numerous University of Chicago medical providers and asserted that Dr. Jager was their agent, employee, or apparent agent. Count II was directed against numerous Advocate medical providers and asserted that Dr. Jager was their agent, employee, or apparent agent. 2
¶ 4 Prusak died on November 24, 2013. The circuit court granted Prusak's daughter, Sheri Lawler, leave to file an amended complaint, substituting herself as party plaintiff and as the executor of Prusak's estate. On April 11, 2014, Lawler filed a four-count first amended complaint against all defendants. Counts I and II were directed against the University of Chicago defendants and contained the same allegations of negligence as the original complaint. Count I was brought pursuant to the Wrongful Death Act ( 740 ILCS 180/2 (West 2010) ), and count II was brought pursuant to the Survival Act ( 755 ILCS 5/27-6 (West 2010) ). Counts III and IV were directed against the Advocate defendants and also contained the same allegations of negligence as the original complaint. Count III was brought pursuant to the Wrongful Death Act, and count IV was brought pursuant to the Survival Act. 3
¶ 5 The University of Chicago defendants filed a motion to dismiss the wrongful death claim based on section 2-619(a)(5) of the Code of Civil Procedure (Code) ( 735 ILCS 5/2-619(a)(5) (West 2010)). The motion alleged that plaintiff's wrongful death claim was barred by the four-year medical malpractice statute of repose because decedent had died more than four years after the last alleged act of negligent medical treatment. Dr. Jager, University Retina, and the Advocate defendants also filed motions to dismiss on the same basis.
¶ 6 Plaintiff responded to defendants' motions and argued that the wrongful death claim was timely and was not barred by the statute of repose because it related back to the original complaint pursuant to section 2-616(b) of the Code ( 735 ILCS 5/2-616(b) (West 2010)).
¶ 7 The circuit court agreed with defendants and dismissed the wrongful death claim. The court reasoned that the medical malpractice statute of repose was an "absolute bar" to a wrongful death claim brought more than four years after the last alleged act of negligence and that the relation back doctrine did not apply.
¶ 8 The appellate court reversed, concluding that the relation back doctrine did apply and that plaintiff's wrongful death claim was not barred by the statute of repose.
¶ 9 ANALYSIS
¶ 10 Defendants contend on appeal that the relation back statute does not *1094 apply in cases such as here, where a death occurs more than four years after the alleged negligence. Alternatively, defendants argue that even if the relation back statute does apply, the medical malpractice statute of repose should control and preclude plaintiff's wrongful death claim.
¶ 11 Defendants' motions to dismiss the wrongful death claim were brought pursuant to section 2-619(a)(5) of the Code. When deciding a motion based on section 2-619 of the Code, a court accepts all well-pleaded facts in the complaint as true and will grant the motion when it appears that no set of facts can be proved that would allow the plaintiff to recover.
Moon v. Rhode
,
¶ 12 This court's primary goal in construing a statute is to ascertain and give effect to the intent of the legislature.
DeLuna v. Burciaga
,
¶ 13 To determine whether the relation back statute applies here, we consider the three statutes at issue: the Wrongful Death Act, the medical malpractice statute of repose, and the relation back statute.
¶ 14 Wrongful Death Act
¶ 15 A wrongful death action allows the decedent's next of kin to recover damages for their own loss based on the wrongful actions of another.
Wyness v. Armstrong World Industries, Inc.
,
¶ 16 Medical Malpractice Statute of Repose
¶ 17 The medical malpractice statute of repose is set forth in section 13-212(a) of the Code. It provides that actions based on medical malpractice are subject to a four-year statute of repose. Section 13-212(a) provides in relevant part:
"Except as provided in Section 13-215 of this Act, no action for damages for injury or death against any physician * * * whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whichever of such date occurs first, but in no event shall such action be brought more than 4 years after the date on which occurred the act or omission or occurrence alleged in such action to have been the cause of such injury or death." 735 ILCS 5/13-212(a) (West 2010).
¶ 18 The statute's four-year repose period is triggered by the occurrence of the act or omission that caused the injury, whereas the two-year limitations period is triggered by the plaintiff's discovery of the injury.
Orlak
,
¶ 19 Relation Back Statute
¶ 20 The relation back statute permits an amended pleading to relate back to the date of the original pleading if the original pleading was timely and the amendment grew out of the same transaction or occurrence set up in the original pleading. 735 ILCS 5/2-616(b) (West 2010). The statute provides:
"The cause of action, cross claim or defense set up in any amended pleading shall not be barred by lapse of time under any statute or contract prescribing or limiting the time within which an action may be brought or right asserted, if the time prescribed or limited had not expired when the original pleading was filed, and if it shall appear from the original and amended pleadings that the cause of action asserted, or the defense or cross claim interposed in the amended pleading grew out of the same transaction or occurrence set up in the original pleading, even though the original pleading was defective in that it failed to allege the performance of some act or the existence of some fact or some other matter which is a necessary condition precedent to the right of recovery or defense asserted, if the condition precedent *1096 has in fact been performed, and for the purpose of preserving the cause of action, cross claim or defense set up in the amended pleading, and for that purpose only, an amendment to any pleading shall be held to relate back to the date of the filing of the original pleading so amended." Id.
¶ 21 In construing the statute, this court has explained that section 2-616(b) of the Code permits an amended pleading filed after the expiration of the limitations period to relate back to the filing of the original complaint if two requirements are met: (1) the original pleading was timely filed and (2) the original and amended pleadings indicate that the cause of action asserted in the amended pleading grew out of the same transaction or occurrence set up in the original pleading.
Boatmen's National Bank of Belleville v. Direct Lines, Inc.
,
¶ 22 The case of
Zeh v. Wheeler
,
¶ 23 In determining whether the plaintiff's amended complaint related back to the original complaint, this court considered the statute's " 'same transaction or occurrence' " language.
Id. at 271,
*1097
¶ 24 This court concluded in
Zeh
that the plaintiff's amended complaint did not relate back because it grew out of a different occurrence from that alleged in the original pleading.
Id. at 277,
¶ 25 We now address defendants' initial contention, which presents a question of first impression before this court, that the relation back statute does not apply here, where decedent's death occurred more than four years after the alleged medical negligence. Defendants maintain that plaintiff's wrongful death cause of action was "extinguished" by the statute of repose before it accrued and the relation back statute cannot "preserve" it. Defendants also argue that the appellate court erred because it blurred the distinctions between statutes of limitations and statutes of repose, when its analysis referenced "notice" and "prejudice."
¶ 26 Decedent's original complaint alleged that she received medical treatment from defendants beginning on November 5, 2007, and continuing through July 2009. The complaint further alleged that on August 7, 2009, decedent learned that she had central nervous system lymphoma. The two-year statute of limitations was triggered by decedent's discovery of her injury on August 7, 2009, and the parties agree that the original complaint, filed on August 4, 2011, was timely. In contrast, the four-year statute of repose period began on the date of the last alleged act of medical treatment, which was in July 2009. 4 Thus, the four-year period expired in July 2013. Decedent died on November 24, 2013, and plaintiff's amended complaint, which added the wrongful death claim, was filed on April 11, 2014.
¶ 27 The wrongful death cause of action accrued here upon decedent's death, which occurred several months after the four-year repose period had expired. If plaintiff had filed an original complaint alleging a wrongful death cause of action at that time, it would have been barred by the statute of repose. 735 ILCS 5/13-212(a) (West 2010). However, the question here is whether a pending complaint can be amended to include a wrongful death claim that accrued after the statute of repose expired. Pursuant to the relation back statute, we find that it can.
¶ 28 The relation back statute provides that amendments to a complaint "shall not be barred by lapse of time under any statute or contract prescribing or limiting the time within which an action may be brought or right asserted, if the time prescribed or limited had not expired when the original pleading was filed." (Emphasis added.) 735 ILCS 5/2-616(b) (West 2010). If the original complaint was timely, an amendment will not be barred by any time limitation, so long as *1098 the amendment grew out of the same transaction or occurrence as the original complaint. The parties do not dispute that plaintiff's original complaint was timely filed. It is also clear that the amendment grew out of the same transaction or occurrence as alleged in the original complaint, and defendants make no argument to the contrary. The wrongful death claim was based on the same alleged acts of medical malpractice as in the original complaint. In fact, the allegations of malpractice in the wrongful death claim are taken verbatim from the allegations of malpractice in the original complaint. Since plaintiff has satisfied the two requirements in the relation back statute, it applies to her wrongful death claim. And, pursuant to the statute, the claim is not time-barred even though it accrued after the statute of repose period expired. Therefore, plaintiff's wrongful death claim can be added by amendment to plaintiff's pending complaint pursuant to the relation back statute.
¶ 29 We disagree with defendants that the statute of repose "extinguished" the wrongful death claim before it accrued. Defendants rely on our language in
Evanston Insurance Co.
, where we stated that "a statute of repose extinguishes the action after a defined period of time, regardless of when the action accrued."
Evanston Insurance Co.
,
¶ 30 Similarly, it follows that such a conclusion does not run afoul of the purpose of the relation back doctrine. Defendants argue that the relation back statute cannot "preserve" a cause of action that is time-barred and "is powerless to rescue a claim that did not exist before the repose period expired." They rely on
Real v. Kim
,
¶ 31 The
Evanston Insurance Co.
case involved a legal malpractice complaint, which this court held was properly dismissed as "premature," since it was filed before the cause of action accrued.
Evanston Insurance Co.
,
¶ 32 Defendants maintain that the appellate court here enabled the plaintiff to "preserve" its wrongful death claim until the claim accrued, which we specifically prohibited in Evanston Insurance Co. However, Evanston Insurance Co. did not involve an amendment to a pending complaint. The original complaint had been dismissed because it was unable to state a cause of action for legal malpractice. Though the plaintiffs titled their subsequent complaint a "second amended complaint," it was not an amendment to a pending complaint. Moreover, here, plaintiff's wrongful death claim was not premature as in Evanston Insurance Co. Plaintiff sought to add the claim to a pending complaint after the claim accrued. The legal fiction that the relation back statute considers the claim brought as of the date of the original complaint does not run afoul of our holding in Evanston Insurance Co. The legislature chose to preclude claims from being time-barred in very limited situations such as here, where, if an amendment related back to the timely filed original complaint, it would not be "barred by lapse of time under any statute or contract prescribing or limiting the time within which an action may be brought or right asserted." 735 ILCS 5/2-616(b) (West 2010). This legal fiction of the amendment relating back to the date of filing allows the statute to function as the legislature intended; it does not mean that an amendment can add a claim that has not yet accrued. We find that Real and Evanston Insurance Co. do not support defendants' position.
¶ 33 Defendants also argue that the appellate court's decision was in error because it blurred the distinctions between statutes of limitations and statutes of repose. Specifically, defendants point to the court's references to "notice" and "prejudice," which they argue are concerns only implicated with statutes of limitations rather than statutes of repose.
¶ 34 The appellate court referred to "notice" and "prejudice" based on the legislative history of the relation back statute. As stated in
Zeh
, the rationale for the legislative change to the same transaction or occurrence test was that " 'a defendant has not been prejudiced so long as his attention was directed, within the time prescribed or limited, to the facts that form the basis of the claim asserted against him.' "
Zeh
,
*1100
¶ 35 Further, allowing amendments to pending complaints, where the amendments were filed after the limitations period had expired, is not new to our jurisprudence. We have permitted such amendments as long as the two requirements in the relation back statute were satisfied. In
Bryson v. News America Publications, Inc.
,
¶ 36 The appellate court has similarly permitted such amendments. In
Sompolski v. Miller
,
*1101
¶ 37 We also note two decisions from other jurisdictions that have addressed this issue. In
Sisson v. Lhowe
,
¶ 38 We find the reasoning of the above cases supports our conclusion that plaintiff's wrongful death claim is not barred by the statute of repose.
¶ 39 Next, defendants contend that even if the relation back statute applies to plaintiff's wrongful death claim, the resulting "conflict" between the statute of repose and the relation back statute must be resolved in favor of the statute of repose. They maintain that the statute of repose should control since it is the more specific statutory provision and the relation back statute is a procedural provision. Moreover, defendants argue that the only exception to the statute of repose that the legislature expressly provided for was fraudulent concealment, which does not apply here.
¶ 40 We find that the statutes do not conflict with one another. When statutory language is clear and unambiguous, we must apply the statute as written, without resort to extrinsic aids of statutory construction.
Solon v. Midwest Medical Records Ass'n, Inc.
,
¶ 41 CONCLUSION
¶ 42 We conclude that the relation back statute applies to plaintiff's wrongful death claim and the claim is not barred by the statute of repose. The judgment of the appellate court is affirmed.
¶ 43 Appellate court judgment affirmed.
¶ 44 Circuit court judgment reversed.
Chief Justice Karmeier and Justices Thomas, Kilbride, Garman, Burke, and Theis concurred in the judgment and opinion.
The University of Chicago defendants are the University of Chicago Medical Center, the University of Chicago Hospitals and Health System, the University of Chicago Physicians Group, and the University of Chicago Hospitals. The Advocate Health defendants are Advocate Health and Hospitals Corporation, Advocate Health Care Network, Advocate Health Centers, Inc., Advocate Professional Group, S.C., Advocate Christ Hospital Health Partners, Advocate Christ Hospital and Medical Center, Advocate Christ Medical Center, Advocate South Suburban Hospital, Advocate Health Partners, Advocate Medical Group, Advocate Christ Medical Group, Advocate Christ Hospital Physician Partners, and Advocate Health Care.
Subsequently, in July 2012, by an agreed order, all Advocate defendants except Advocate Christ Hospital and Medical Center and Advocate Christ Medical Center were dismissed.
Subsequently, plaintiff filed a motion to dismiss all of the previously dismissed defendants, and in an agreed order in June 2014, those defendants were dismissed.
The circuit court's order identifies decedent's last date of treatment as July 13, 2009. However, the complaint alleges that decedent received medical treatment "through July 2009." The exact July date does not affect our analysis.
Reference
- Full Case Name
- Sheri LAWLER, Appellee, v. UNIVERSITY OF CHICAGO MEDICAL CENTER, Et Al., Appellants.
- Cited By
- 26 cases
- Status
- Published