Berlin v. Nathan

381 N.E.2d 1367, 64 Ill. App. 3d 940 (1978)

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Berlin v. Nathan

Illinois Appellate Court
381 N.E.2d 1367, 64 Ill. App. 3d 940 (1978)

Facts

Harriet Nathan (defendant) went to the hospital for an injured finger, which was x-rayed, and the x-ray was read by Dr. Berlin (plaintiff). Berlin diagnosed a dislocated finger, and Dr. Meltzer treated the finger. A month later, Nathan’s finger was x-rayed again, and a fracture was found. Two years later, Nathan filed suit against Berlin, Meltzer, and the hospital for malpractice. Berlin countersued Nathan and her attorneys, claiming they sued Berlin without reasonable cause. Berlin argued that Nathan and her attorneys had not obtained an opinion from another doctor about the x-ray or injury before filing suit. Berlin did not plead that Nathan’s attorneys had acted maliciously. After Nathan voluntarily dismissed the malpractice claim, the counterclaim proceeded to trial. The jury found in favor of Berlin. Nathan and her attorneys appealed. On appeal, an amicus curiae argued that the jury verdict must be upheld on the grounds that the jury found Nathan and her attorneys guilty of malicious prosecution.

Rule of Law

Issue

Holding and Reasoning (Romiti, J.)

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