Walter v. Hill

Plaintiff, Charlotte J. Walter, appeals from the judgment of the circuit court of Knox County which dismissed her medical malpractice claim with prejudice for failure to file an affidavit of merit as required by section 2 — 622 of the Illinois Code of Civil Procedure (the Code) (Ill. Rev. Stat. 1985, ch. 110, par. 2—622). Walter contends that the trial court improperly construed section 2 — 622 as a limitations statute under which the court had no discretion to permit a late filing of the affidavit.

Walter filed this action on February 13, 1986, alleging certain acts of medical malpractice…