Weidner v. Carle Foundation Hospital

Plaintiff appeals from an order of the circuit court of Champaign County dismissing with prejudice the amendment to amended count IV of her complaint (amended count IV). The circuit court found amended count IV did not relate back to the date of the filing of the original complaint. Thus, it was untimely. Plaintiff argues the trial court erred in dismissing amended count IV because it arose out of the same transaction as the original complaint.

We affirm.

On April 22, 1985, plaintiff filed a medical malpractice action against Dr. Richard Dukes, the Carle Clinic Association, and the Carle…