Governor Quinn recently signed Public Act 97-1145 into law, changing one big thing and clarifying another big issue in Illinois medical malpractice cases.
First, attorneys fees on medical malpractice cases are now capped at 33 1/3% of the total recovery. There had previously been lower caps as case values increased. This is important for all attorneys to pay attention to for new or future cases. I think it’s a good thing, as med mal cases tend to be the toughest, longest, and most expensive cases personal injury lawyers handle.
The act finally codifies the current version of the 2-622 expert certification requirement:
(735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
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Sec. 2-622. Healing art malpractice.
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(a) In any action, whether in tort, contract or otherwise, |
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, if the plaintiff is |
proceeding pro se, shall file an affidavit, attached to the |
original and all copies of the complaint, declaring one of the |
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following:
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1. That the affiant has consulted and reviewed the |
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facts of the case with a health professional who the |
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affiant reasonably believes: (i) is knowledgeable in the |
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relevant issues involved in the particular action; (ii) |
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practices or has practiced within the last 6 years or |
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teaches or has taught within the last 6 years in the same |
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area of health care or medicine that is at issue in the |
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particular action; and (iii) is qualified by experience or |
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demonstrated competence in the subject of the case; that |
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the reviewing health professional has determined in a |
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written report, after a review of the medical record and |
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other relevant material involved in the particular action |
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that there is a reasonable and meritorious cause for the |
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filing of such action; and that the affiant has concluded |
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on the basis of the reviewing health professional's review |
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and consultation that there is a reasonable and meritorious |
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cause for filing of such action. If the affidavit is filed |
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as to a defendant who is a physician licensed to treat |
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human ailments without the use of drugs or medicines and |
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without operative surgery, a dentist, a podiatrist, a |
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psychologist, or a naprapath, the written report must be |
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from a health professional licensed in the same profession, |
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with the same class of license, as the defendant. For |
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affidavits filed as to all other defendants, the written |
report must be from a physician licensed to practice |
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medicine in all its branches. In either event, the |
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affidavit must identify the profession of the reviewing |
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health professional. A copy of the written report, clearly |
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identifying the plaintiff and the reasons for the reviewing |
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health professional's determination that a reasonable and |
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meritorious cause for the filing of the action exists, must |
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be attached to the affidavit, but information which would |
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identify the reviewing health professional may be deleted |
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from the copy so attached. |
(Howard Zimmerle is a medical malpractice lawyer in the Quad Cities of Illinois and Iowa. He can be reached at 309-794-1660 or hzimmerle [at] mjwlaw.com)