In a matter of first impression, Brennan Burtker has formally challenged the Cook County practice of permitting plaintiffs to amend medical records petitions into medical malpractice lawsuits. After making the unsuccessful challenge in the Circuit Court of Cook County, the law firm’s appellate department filed a petition for leave to appeal in the Appellate Court. The petition was denied.
Undeterred, Brennan Burtker filed a petition for leave to appeal in the Supreme Court asking, in the alternative, that the high court exercise its supervisory authority to order the Appellate Court to hear the appeal on the merits. After reviewing the petition, the Supreme Court exercised its supervisory authority and ordered the Appellate Court to take the case. The matter is now being briefed in the Appellate Court. Oral argument on this important matter is expected.