Motion To Transfer Medical Malpractice Suit Filed In Another County To The County Where Treatment Took Place - Based On Improper Venue
In Jackson v. Reid, 363 Ill. App. 3d 271, 842 N.E.2d 763, 299 Ill. Dec. 726 (2006), the defendant urologist treated the plaintiff over the course of four years.
The defendant determined that a bilateral ureteral implantation surgery was necessary.
The medical malpractice complaint alleged that the defendant was negligent in performing the surgery, in providing postoperative care, and in determining that the surgery was necessary in the first place. Jackson, 363 Ill. App. 3d at 273, 842 N.E.2d at 765.
All the defendant's treatment of the plaintiff--including both the surgery and the postoperative care--took place in Peoria County. Jackson, 363 Ill. App. 3d at 273, 842 N.E.2d at 765.
However, prior to determining that the surgery was necessary, the defendant had ordered several tests, including X rays and sonograms.
The plaintiff went to a laboratory in McLean County for these tests. Jackson, 363 Ill. App. 3d at 273-74, 842 N.E.2d at 765-66.
The plaintiff filed her lawsuit in McLean County, and the defendant filed a motion to transfer to Peoria County based on improper venue. Jackson, 363 Ill. App. 3d at 272-73, 842 N.E.2d at 765.