1 "Erick Kirch, M.D." is actually Everett Kirch, M.D.
No. 2--07--0525 Filed: 12-2-08
APPELLATE COURT OF ILLINOIS
JANET JACKSON, ) Appeal from the Circuit Court of
) Lake County.
v. ) No. 06--L--958
VICTORY MEMORIAL HOSPITAL, )
CYNTHIA WAIT, and ERICK KIRCH, ) Honorable
) David M. Hall,
Defendants-Appellees. ) Judge, Presiding.
JUSTICE JORGENSEN delivered the opinion of the court:
Plaintiff, Janet Jackson, appeals the trial court's dismissal of her medical malpractice complaint
against defendants, Victory Memorial Hospital (VMH), Cynthia Wait, M.D., and Erick Kirch, M.D.1
For the following reasons, we reverse and remand.
On February 7, 2005, plaintiff filed a pro se complaint against defendants, asserting claims of
medical malpractice. VMH moved to dismiss the complaint, under sections 2--615 and 2--619 of the
Code of Civil Procedure (Code) (735 ILCS 5/2--615, 2--619 (West 2004)). VMH alleged that: (1)
the complaint should be dismissed under section 2--615 because it failed to state a cause of action for
which relief could be granted; and (2) the complaint should be dismissed under section 2--619