Stoelting v. Betzelos, 983 N.E.2d 543

Plaintiff Cameron Stoelting filed a medical malpractice complaint against defendant Steven Betzelos on June 1, 2011.
The complaint was signed by plaintiff’s attorney but no attorney affidavit was attached as required by 735 ILCS 5/2-622.
Defendant moved to dismiss under 2-619 for failure to attach the attorney affidavit and lack of good cause; sought dismissal with prejudice.
Plaintiff argued good faith compliance and requested a time extension if needed; no affidavit was attached initially.
The trial court dismissed with prejudice, declined to extend, and plaintiff moved to reconsider; a new attorney later appeared.
Appellate court reversed and remanded, holding dismissal with prejudice improper and remanding for a good-cause determination and potential extension.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether dismissal with prejudice was proper for failure to file the attorney affidavit within 90 days.	Stoelting sought extension or good cause to file the affidavit.	2-622 requires dismissal with prejudice for noncompliance.	Not proper; remand to decide good cause.
Whether a trial court may grant an extension beyond 90 days under 2-622.	Court should have discretion to extend for good cause.	Statute limits extensions; Knight undermines the current reading.	Remand to determine if good cause exists; discretionary avenue exists.
What remedy applies if good cause is established for late filing?	Plaintiff could file the affidavit/doctor’s report within the extended period.	If no good cause, dismissal with prejudice stands.	Remand to assess good cause and appropriate relief; not merits.

Knight v. Van Matre Rehabilitation Center, LLC, 404 Ill. App. 3d 214 (2010) (addressed extensions and discretionary relief under 2-622)
Ingold v. Irwin, 302 Ill. App. 3d 378 (1998) (invalid affidavit can support dismissal but facts matter; cautions on prejudice)