Cline v. Kresa-Reahl (Signed Opinion)Annotate this Case
Petitioner, the executrix of the estate of Henry Cline, filed a complaint against Respondent, Dr. Kiren Kresa-Reahl, alleging that Respondent negligently failed to advise the decedent of the availability of certain medications to treat his stroke. Prior to filing her complaint, Petitioner refused to provide a pre-suit screening certificate of merit pursuant to the pre-suit requirements of the Medical Professional Liability Act. Petitioner asserted that her claim fell within the exception to such requirements as an "informed consent" claim. The circuit court disagreed, ruling that Petitioner's complaint did not state a recognized informed consent claim and that, therefore, her failure to provide a screening certificate of merit warranted dismissal without prejudice. The Supreme Court affirmed, holding that the trial court did not err in applying the plain language of the statute and caselaw in dismissing the case without prejudice.