622 Affidavits in Illinois Medical Malpractice Cases

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If you’re pursuing a medical malpractice lawsuit in Illinois, one of the most important steps is filing what’s known as a 2-622 affidavit. The case generally can’t go forward without it. This is a legal requirement under a section of the Illinois Code of Civil Procedure that applies specifically to claims involving medical negligence.

The purpose of the 2-622 affidavit is to help screen out lawsuits that don’t have any merit by ensuring that a claim is supported by a qualified medical opinion. When a plaintiff files a malpractice complaint in court, they must also file an affidavit signed by their attorney. This affidavit must state that the attorney has consulted with a medical professional who is knowledgeable in the relevant area of medicine and who has reviewed the facts of the case.

In addition to the affidavit, a written report from the consulting medical expert must be attached. The report must state that, in the expert’s opinion, there is a “reasonable and meritorious cause” to file the lawsuit based on the available evidence. The report doesn’t need to include every detail of the case, but it must show that the expert reviewed the key facts and believes there was likely a deviation from the standard of care. If you hear that someone filed a frivolous medical malpractice lawsuit, know that this likely not true as they would have had to provide an affidavit and it costs the lawyer money to get one.

The affidavit and report must be filed with the complaint or within 90 days. If they are not filed on time, the court can dismiss the case. There are limited exceptions, such as when medical records are not immediately available, but those are granted at the court’s discretion and are rare.

It’s important to understand that not just any doctor can provide the expert report. The person must be licensed and actively practicing or teaching in the same (or a substantially similar) area of medicine as the defendant. For example, if the case involves a misread radiology scan, the expert should be a radiologist, not a general practitioner.

Because the 2-622 affidavit is a highly technical but essential part of an Illinois medical malpractice case, it’s crucial to work with an attorney who knows how to navigate the law and which doctors are best to consult with. A small mistake at this stage can delay your case or result in it being thrown out altogether. It’s their job to find an expert, not yours.

If you believe you have a malpractice case or want help reviewing your options, call us any time at 312-346-5320. We help clients throughout Illinois.