Pro Se here.
I am filing a medical malpractice/lack of informed consent claim against a social worker who I saw for therapy related to my divorce. I have a 2-622 Certificate of Merit for her (a social worker has written that report), however I am also looking at filing a claim of institutional negligence against the private practice clinic she worked out of. The owner of the practice is also a social worker and strictly employ’s Social Workers and Professional Counselors.
Thanks in advance
According to 2-622, “For affidavits filed as to all other defendants, the written report must be from a physician licensed to practice medicine in all its branches.” Reading up on Gill v. Foster, Jones v. O'Young, and Purtill v. Hess it appears I should be ok to have a social worker provide expert testimony regarding the standard of care regarding clinic itself (my expert also supervises other social workers), I don’t need an actual Doctor. Or am I reading this entirely wrong?
Thanks in advance!
I see that you have no responses to your question, and I'd like to explain why (and maybe give one idea). Medical Malpractice is a specialized area of practice (even though lawyers can't advertise themselves as "specialists" in IL) that few lawyers are qualified to handle. For every med. mal. rule there is frequently an exception, and there could be multiple interpretations of the law as it applies to your situation and allegations. You haven't mentioned your allegations, so your question can't be answered. Even if your allegations were stated, no lawyers on this forum tell each other how to practice law because each case has its own unique set of facts, and no-one on this forum claims to give dispositive answers because there is not enough space or detail to do so. Giving legal advice to a pro se litigant (much less a lawyer) is a good way to get into a legal malpractice claims as well even assuming, for the sake of argument, that there was enough information, or enough space to answer. A good example is this: since you say that yours is a medical malpractice claim, and since the limited forum rules require me to say what the correct practice area is, I had to check the box that said that medical malpractice was the correct practice area, just to be permitted to say the above, However, without knowing the actual allegations, that might not be correct. So, this is not really a good forum, with enough space, for figuring out what kind of case you have or for deciding whether the cases which you cited are applicable in your situation, or in what limited ways they might apply. Sorry. Some law schools research legal issues for a fee (or at least they used to do so); you might try contacting a few.
My answers to this question are informal and partial due to the insufficient nature of the information exchanged. These answers do not make me your lawyer. In order to make me your lawyer you have to hire me, in writing. Answers given herein are necessarily brief and cannot be complete or reliable legal advice until (a) an attorney-client relationship has been established, and (b) until complete information has been given pursuant to that relationship..
It doesn't seem like you know very much about handling a medical malpractice case if it's a serious matter you should try to find an attorney who will explain the situation to you.
No attorney client relationship has been formed until you sign a representation agreement.
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