Legal Question in Medical Malpractice in Illinois

Re: 735 ILCS 5/2-622 Question

Your question is missing a few steps, so I am going to give you some general information that I hope will help.

5/2-622 requires that an affidavit be filed with a medical malpractice lawsuit stating, inter alia, that a doctor in the same field has reviewed the records and found that a "breach in the standard of care" has occurred and as a result, there has been an injury.

In simpler language - another doctor agrees that there should be a lawsuit.

You are required to file the 622 report when you file the lawsuit. However, there are a few exceptions. For example, if the statute of limitations is about to run and you need to file the lawsuit now, you get additional time to file the report.

A judge in the Circuit Court of Cook County will generally (only generally) give you approximately 120 -160 days to get a 622 report on file before she dismisses your case.

Often 622 reports are filed which are not sufficient or otherwise defective. Defendants routinely file motions to strike those reports and the judge then decides if the report is complete or not.

If not, you will then be given 14-60 days to amend or supplement the report. Then the lawyers can accept the �new� report or re-file the motion to strike alleging that the �new� report is also faulty.

If the judge decides that the affidavit IS complete, then that issue is resolved and the motion should not be brought again, unless it is a motion to reconsider that decision.

Good Luck,

Matt Belcher