In medical malpractice cases, failing to provide a certification can be fatal to the case. 735 ILCS 2-622 requires an affidavit and written report to initiate a medical malpractice lawsuit. The plaintiff was representing himself and had not been able to comply with the statute. Mainly, when filing a medical malpractice case, the plaintiff must file not only an affidavit, but a written report with the complaint.
Section 2-622 requires the plaintiff’s attorney (or the plaintiff, if pro se) to file an affidavit declaring the following: 1) that the affiant has consulted with a knowledgeable medical professional specifically in the relevant issues in the claim, within 5 years in the same area of health care or medicine has practiced or taught the issue in the particular action, and meets the standards required set forth in section 8-2501; and 2) that the medical expert has reviewed and determined that the medical records support a “reasonable and meritorious cause for filing of such action” and reduced this belief to a written report and that the affiant has concluded based on the health professional’s consultation and review that there is a not only a reasonable. But also a meritorious cause for filing the action;
The medical professional(s) written report, attached to the affidavit, must adhere to the following: 1) a report must be filed for each defendant; 2) for hospitals, practice groups, etc, the report must be from a doctor who is qualified to state/testify about the standard of care in the case; 3) for individual medical professional, the written report must be from another medical professional that is licensed in the same profession, and within the same class of licensure, as the individual defendant; 4) must identify the “reasons for the reviewing health professional’s determination that a reasonable and meritorious cause for the filing of the action exists”; and 5) must identify the reviewing doctor’s profession, name, address, license number and state of licensure.
If the plaintiff’s attorney, within the two-year statute of limitations period, cannot secure an affidavit from a doctor, the attorney must file an affidavit. The affidavit must state that the affiant could not seek consultation from a medical professional prior to the expiration of the statute of limitations—thus, the statute of limitations would impair the action. The Judge will grant the attorney a 90 day extension after filing of the complaint to file the affidavit and medical professional’s written report.
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