Chadwick v. Al-Basha
Case Date: 03/19/1998
Court: 2nd District Appellate
Docket No: 2-97-0224
________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ________________________________________________________________ BRENDA L. CHADWICK, ) Appeal from the Circuit Court ) of Winnebago County. Plaintiff-Appellant, ) ) v. ) No. 96--L--185 ) IMAD AL-BASHA, ) Honorable ) Galyn W. Moehring, Defendant-Appellee. ) Judge, Presiding. ________________________________________________________________ PRESIDING JUSTICE GEIGER delivered the opinion of the court: The plaintiff, Brenda Chadwick, appeals from the January 23, 1997, order of the circuit court of Winnebago County dismissing her complaint with prejudice. In her complaint, the plaintiff sought damages against the defendant, Imad Al-Basha, for violations of sections 2--108 and 2--109 of the Mental Health and Developmental Disabilities Code (the Mental Health Code) (405 ILCS 5/2--108, 2-- 109 (West 1996)). The trial court dismissed the complaint after the plaintiff failed to file the supporting attorney s affidavit and physician s report required by section 2--622 of the Code of Civil Procedure (the Code) (735 ILCS 5/2--622 (West 1996)). On appeal, the plaintiff argues that the trial court erred in concluding that her complaint was predicated upon medical malpractice and that she was therefore obligated to comply with the requirements of section 2--622(a) of the Code. We agree with the plaintiff and reverse and remand the cause for further proceedings. The following facts are taken from the plaintiff s complaint. In June 1994, the plaintiff was being treated as a voluntary patient at the Singer Mental Health and Developmental Center (Singer) in Rockford. The defendant, a psychiatrist, was employed at Singer as an independent contractor. At some point during the plaintiff s treatment, she was involuntarily transferred to another unit within Singer. As a result of this transfer, the plaintiff was placed under the care of the defendant. After the transfer, the plaintiff s treatment plan was revised to include several new restrictions including the loss of telephone privileges and a prohibition against visitors. The plaintiff refused to sign the new treatment plan because she disagreed with the new restrictions. During an emotional discussion between the plaintiff and her therapist about the revised treatment plan, the plaintiff broke a window. After this incident, the defendant verbally ordered the plaintiff into seclusion. After the plaintiff was in seclusion, she was ordered to remove her jewelry. While removing her jewelry, the plaintiff complained to staff members about her displeasure in having to do so. The defendant observed this exchange between the plaintiff and the staff members and verbally ordered that the plaintiff be placed in restraints. The defendant further ordered that the plaintiff was to remain in restraints until she was calm for one hour and until she agreed to comply with the revised treatment plan. Approximately 1 |