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Since 2005, Michael Bonamarte IV has been a passionate advocate for victims of negligent conduct, corporate malfeasance, and medical malpractice. He has won numerous awards and recognitions, including Best Lawyers in America and Super Lawyers’ Rising Star. He has presented for the American Association for Justice, the AAJ Nursing Home Litigation Group, the John Marshall Law School, and numerous other legal associations. He regularly lectures at Chicago-area aging organizations about nursing home abuse. His writings have been published by the American Bar Association, the Chicago Daily Bulletin, and numerous other prestigious publications.
Read Bio
Since 2005, Michael Bonamarte IV has been a passionate advocate for victims of negligent conduct, corporate malfeasance, and medical malpractice. He has won numerous awards and recognitions, including Best Lawyers in America and Super Lawyers’ Rising Star. He has presented for the American Association for Justice, the AAJ Nursing Home Litigation Group, the John Marshall Law School, and numerous other legal associations. He regularly lectures at Chicago-area aging organizations about nursing home abuse. His writings have been published by the American Bar Association, the Chicago Daily Bulletin, and numerous other prestigious publications.
When Illinois residents research the requirements for filing a medical malpractice lawsuit, one of the first conditions they notice is a “certificate of merit.” Most medical malpractice victims aren’t familiar with that term, why one is required, or how it can impact their ability to pursue a claim.
Luckily, certificates of merit aren’t as complicated as they might seem. Understanding what they are and how to obtain them can help you approach your medical malpractice claim with confidence.
What Is a Certificate of Merit According to Illinois Law?
A certificate of merit is an affidavit, or sworn statement, written by a medical malpractice claimant’s attorney. The certificate states that the attorney has consulted with an independent healthcare professional with relevant qualifications and that the expert believes the client has a valid malpractice claim.
Under 735 ILCS 5/2-622, anyone filing a medical malpractice lawsuit must attach the affidavit and the medical expert’s written report.
Why Does Illinois Require a Certificate of Merit in a Medical Malpractice Case?
The certificate of merit is intended to make Illinois’ legal system more efficient. It cuts down on frivolous lawsuits by requiring independent medical review before allowing cases to proceed in court. Mandating expert medical opinions raises the evidentiary floor for claims, giving victims a stronger foundation while ensuring defendants don’t have to waste time and resources defending against meritless cases.
The certificate of merit doesn’t prove that medical malpractice occurred or that the claimant’s case will succeed, but it must be included as a prerequisite to a valid lawsuit.
How Do You Obtain a Certificate of Merit Before Filing?
A trusted Illinois medical malpractice lawyer can walk you through the entire process of obtaining a certificate of merit:
- Consult with an attorney. Your lawyer will handle most of this process for you, including finding a relevant healthcare professional from their network of experts.
- Gather evidence. Collect all your relevant medical records, if you haven’t already.
- Get evaluated. Have your injuries examined by an independent healthcare provider to create new records for the expert to compare.
- Identify an expert. Illinois law requires a certificate of merit to be based on the opinion of a qualified, competent medical professional with relevant knowledge to the specifics of the case and experience practicing or teaching the same area of medicine in the last six years. Your lawyer will locate someone who fits the criteria and have them review your case.
- Assemble the claim. After the expert writes an opinion backing your case, your lawyer will write an affidavit and attach it to your legal complaint alongside the opinion.
What Do I Need to Know Before Filing a Medical Malpractice Lawsuit in Illinois?
Beyond the certificate of merit, there are also some procedural and notice requirements for filing a medical malpractice lawsuit in Illinois. When you’re ready to file your lawsuit, you will need to send the defendant a “notice of intent” describing your claims. There is also a 60-day waiting period before you can file after the opposing party receives your notice.
The Illinois statute of limitations for medical malpractice claims is generally two years after the injury occurs or when you discover it. To ensure you have enough time to gather evidence, get a medical review, obtain a certificate of merit, and comply with the notice requirements, it’s crucial to speak with a medical malpractice lawyer as soon as possible after your injury.
What Happens If the Certificate of Merit Requirements Are Not Met?
If you file a medical malpractice lawsuit in Illinois without a certificate of merit or with one that doesn’t meet all the requirements set out under Illinois law, a court can dismiss your claim without considering any of the allegations.
Some limited exceptions allow you to temporarily file suit without meeting the certificate of merit requirements. If meeting the requirements would’ve forced you to file your claim after the statute of limitations, you can instead attach an affidavit explaining the time crunch, which will give you 90 more days to submit a proper certificate of merit.
Let Our Illinois Medical Malpractice Attorneys Help With Your Claim
If you’re considering a medical malpractice lawsuit and have questions about the certificate of merit requirements, the trusted team at Levin & Perconti is here to assist you. With 400 years of combined experience and over $1 billion recovered in settlements and verdicts, our seasoned medical malpractice lawyers have the know-how to help you build your case and file with confidence.
Contact us online or call (312) 332-2872 today for a free consultation.
