Healing Art Malpractice Illinois
The phrase "healing art" includes "an entire branch of learning dealing with the restoration of physical or mental health." Lyon v. Hasbro Industries, Inc., 156 Ill. App. 3d 649, 654, 509 N.E.2d 702, 109 Ill. Dec. 41 (1987).
"Malpractice" is defined as "failure of one rendering professional services to exercise that degree of skill and learning commonly applied under all the circumstances in the community by the average prudent reputable member of the profession with the result of injury to the recipient of those services." Black's Law Dictionary 959 (6th ed. 1990).
Although section 2-622 does not define the phrase "healing art malpractice," Illinois courts have considered the scope and meaning of that phrase.
In Lyon, this court began its analysis by considering the meaning of the specific terminology in order to ascertain the legislature's intent. the court noted:
"'Healing' is defined as: 'The restoration to a normal mental or physical condition.' (Taber's Cyclopedic Medical Dictionary 725 (15th ed. 1985).)
'Art' is defined as a skill acquired by experience, study, or observation and as a branch of learning. (Webster's Ninth New Collegiate Dictionary 105 (1986).)
'Malpractice' is defined as incorrect or negligent treatment of the patient by a person responsible for his health care. (Taber's Cyclopedic Medical Dictionary 1001 (15th ed. 1985).)
It is also defined as a dereliction from a professional duty or a failure to exercise an adequate degree of care in rendering service. Webster's Ninth New Collegiate Dictionary 721 (1986)." Lyon, 156 Ill. App. 3d at 653.
Applying principles of statutory construction, the court in Lyon concluded that the phrase, "healing art" should be given broad application encompassing "an entire branch of learning dealing with the restoration of physical or mental health". Lyon, 156 Ill. App. 3d at 654.