2-109.Malicious prosecution - medical malpractice.

This section adjusts two things about malicious-prosecution suits tied to an earlier malpractice case. Where the underlying proceeding sought damages for injury or death by reason of medical, hospital, or other healing-art malpractice, a plaintiff bringing a later malicious-prosecution claim over that proceeding need not plead or prove special injury to sustain the cause of action.

The second sentence bars exemplary or punitive damages in "all such cases alleging malicious prosecution," a phrase that refers back to the same malpractice-related malicious-prosecution suits just described, rather than to malicious-prosecution suits generally. The section does not define malicious prosecution itself; it adjusts the pleading and proof burden and limits the damages available for that same category of malicious-prosecution claim.