Bogseth v. Emanuel

This cause is before us on an interlocutory appeal certified to this court pursuant to Supreme Court Rule 308 (134 Ill. 2d R. 308). At issue is whether plaintiff’s medical malpractice complaint, which named as the only defendant "John Doe” and named numerous health care providers as respondents in discovery, satisfies the requirements of the respondents in discovery statute (Ill. Rev. Stat. 1991, ch. 110, par. 2—402). The trial court denied defendants’ motion to dismiss the action, and they appeal.

The relevant facts are as follows. On July 20, 1990, plaintiff, Larry Bogseth, Jr., a minor, by…