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Court entered order allowing claimant to change expert.

Publication: Medical Law's Regan Report
Publication Date: 01-AUG-09
Format: Online
Delivery: Immediate Online Access
Full Article Title: Court entered order allowing claimant to change expert.(Medical Law Case on Point)(Case overview)

Article Excerpt
CASE ON POINT: Cookson v. Price, IL-3-08-0669 (8/11/2009)-IL

ISSUE: Can a plaintiff change his expert witness?

CASE FACTS: In October 2007, Donald Cookson filed a two-count medical negligence suit against Todd Price, a physical therapy assistant, and the Institute of Physical Medicine and Rehabilitation (collectively Price), alleging that he was injured by Price's negligent physical therapy services. Specifically, Cookson alleged that Price placed an interferential current (IFC) device on his knee and left him unattended for 40 minutes, resulting in further injury to Cookson's previously damaged knee and necessitating additional surgery on Cookson's prior total knee replacement. Attached to Cookson's complaint was an attorney affidavit averring that Cookson's attorney was unable to obtain the health professional consultation required by law and that the statute of limitations would impair the suit. The trial court allowed Cookson a 90-day extension to file the required documents....

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