Learning that the doctor or medical facility you trusted with your care caused you harm feels like a distressing betrayal. In the worst cases, a medical provider’s malpractice can leave you facing permanent or even catastrophic injury.
You have the right to seek financial accountability and justice through a medical malpractice lawsuit against the negligent provider, but first, in Illinois, it’s necessary to obtain a certificate of merit before your case can move forward. Reach out to our medical malpractice lawyer in Chicago for assistance.
Understanding the Certificate of Merit Requirement In Illinois Medical Malpractice Claims
Under (735 ILCS 5/2-622), Illinois’s medical malpractice law states the following:
“In any action…in which the plaintiff seeks damages for injuries or death by reason of medical, hospital, or other healing art malpractice, the plaintiff’s attorney or the plaintiff… shall file an affidavit declaring … that the affiant has consulted and reviewed the facts of the case with a health professional the affiant reasonably believes is knowledgeable in the relevant issues…”
In other words, before filing a medical malpractice claim, an injury victim or their attorney must present the case to a medical professional for review. If the medical professional finds that the case has merit, they sign a certificate or affidavit of merit.
Once a qualified medical professional signs the certificate of merit after reviewing the case, the injury victim or their attorney files it with the court so the case can move forward.
Why File a Certificate of Merit Before a Medical Malpractice Claim In Illinois?
About half of the states in the U.S. prevent crowded court dockets and invalid medical malpractice lawsuits by requiring a certificate of merit before a medical malpractice claim can proceed. This may feel like an additional legal hurdle to overcome, but it helps protect medical providers from frivolous lawsuits by ensuring that a case has legal merit.
In a medical malpractice claim, the objective is to prove that the medical provider violated their legal duty of care. This duty obligates the doctor or facility to provide a patient with care that meets the medical community’s acceptable standards. When an experienced medical professional reviews the claim, they must decide if it has merit. A claim has merit if the reviewing medical professional determines that the subject of the lawsuit failed to act the way a reasonable medical professional would under the same circumstances.
The certificate of merit must be attached to the petition filed in court.
How Do I Obtain a Certificate of Merit for My Medical Malpractice Claim?
Most experienced medical malpractice attorneys have important resources, such as access to well-respected medical experts. If you suspect you’ve been the victim of medical malpractice in Illinois, you should immediately request a copy of your complete medical records and physician’s notes from the facility where the malpractice occurred.
Then, undergo a full medical assessment by a trusted doctor who isn’t affiliated with the medical facility where the malpractice occurred. Your Chicago injury attorney will prepare the affidavit after consulting with a qualified medical professional who reviews your records from before and after the alleged malpractice.
According to the above statute, the law also states the following:
“The failure to file a certificate required by this section shall be grounds for dismissal.”
The court will refuse to hear a medical malpractice claim in Illinois if the claimant failed to obtain a certificate of merit.
The Illinois Statute of Limitations for Medical Malpractice Cases
It’s also crucial to speak with your attorney about the timing of your claim. The state’s two-year statute of limitations for medical malpractice claims begins on the date malpractice occurred, or when it was discovered, but no later than four years after the event. The statute of limitations does not begin on the date the injury victim obtains the certificate of merit, making it important to accomplish this requirement as early in your claim process as possible.
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