Berlin v. Nathan

This case involves another of the many retaliatory actions which physicians in Illinois and other States who have been sued for malpractice are filing against both the original plaintiff and the original attorney. In this case the original plaintiff’s husband was sued as well. In accord with the other cases in Illinois and elsewhere, we hold that the complaint, which failed to allege either malicious intent or special damages, failed to state a cause of action. We also hold that the court correctly dismissed the physician’s claim against the husband for barratry.

The pleadings reveal that on…