Lyddon v. Shaw

Mr. PRESIDING JUSTICE RECHENMACHER

delivered the opinion of the court:

Is an attorney who files a medical malpractice action against a physician, without attempting to determine whether or not there is any evidence supportive of the claim, liable in turn to the physician for legal malpractice? The case at bar' presents this question, and a number of others, which are of first impression.

The case is before us on an interlocutory appeal under Supreme Court Rule 308 (Interlocutory Appeals by Permission) (Ill. Rev. Stat. 1975, ch. 110A, par. 308), from the trial court’s denial of defendant Robert…