Bill Text: IL SB2235 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Makes a technical change in a Section concerning healing art malpractice.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-08-15 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2235 Detail]

Download: Illinois-2009-SB2235-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB2235 Introduced 2/20/2009, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-622 from Ch. 110, par. 2-622
Amends the Code of Civil Procedure. Makes a technical change in a Section concerning healing art malpractice.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 2-622 as follows:
(735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
Sec. 2-622. Healing art malpractice.
(a) In any action, whether in tort, contract or otherwise,
in which the 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 following:
1. That the affiant has consulted and reviewed the
facts of the case with a health professional who the
affiant reasonably believes: (i) is knowledgeable in the
relevant issues involved in the particular action; (ii)
practices or has practiced within the last 5 years or
teaches or has taught within the last 5 years in the same
area of health care or medicine that is at issue in the
particular action; and (iii) meets the expert witness
standards set forth in paragraphs (a) through (d) of

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Section 8-2501; that the reviewing health professional has
determined in a written report, after a review of the
medical record and other relevant material involved in the
particular action that there is a reasonable and
meritorious cause for the filing of such action; and that
the affiant has concluded on the basis of the reviewing
health professional's review and consultation that there
is a reasonable and meritorious cause for filing of such
action. A single written report must be filed to cover each
defendant in the action. As to defendants who are
individuals, the written report must be from a health
professional licensed in the same profession, with the same
class of license, as the defendant. For written reports
filed as to all other defendants, who are not individuals,
the written report must be from a physician licensed to
practice medicine in all its branches who is qualified by
experience with the standard of care, methods, procedures
and treatments relevant to the allegations at issue in the
case. In either event, the written report must identify the
profession of the reviewing health professional. A copy of
the written report, clearly identifying the plaintiff and
the reasons for the reviewing health professional's
determination that a reasonable and meritorious cause for
the filing of the action exists, including the reviewing
health care professional's name, address, current license
number, and state of licensure, must be attached to the

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affidavit. Information regarding the preparation of a
written report by the reviewing health professional shall
not be used to discriminate against that professional in
the issuance of medical liability insurance or in the
setting of that professional's medical liability insurance
premium. No professional organization may discriminate
against a reviewing health professional on the basis that
the reviewing health professional has prepared a written
report.
2. That the affiant was unable to obtain a consultation
required by paragraph 1 because a statute of limitations
would impair the action and the consultation required could
not be obtained before the expiration of the statute of
limitations. If an affidavit is executed pursuant to this
paragraph, the affidavit and written report required by
paragraph 1 shall be filed within 90 days after the filing
of the complaint. No additional 90-day extensions pursuant
to this paragraph shall be granted, except where there has
been a withdrawal of the plaintiff's counsel. The defendant
shall be excused from answering or otherwise pleading until
30 days after being served with an affidavit and a report
required by paragraph 1.
3. That a request has been made by the plaintiff or his
attorney for examination and copying of records pursuant to
Part 20 of Article VIII of this Code and the party required
to comply under those Sections has failed to produce such

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records within 60 days of the receipt of the request. If an
affidavit is executed pursuant to this paragraph, the
affidavit and written report required by paragraph 1 shall
be filed within 90 days following receipt of the requested
records. All defendants except those whose failure to
comply with Part 20 of Article VIII of this Code is the
basis for an affidavit under this paragraph shall be
excused from answering or otherwise pleading until 30 days
after being served with the affidavit and report required
by paragraph 1.
(b) Where an affidavit and written report are required
pursuant to this Section a separate affidavit and written
report shall be filed as to each defendant who has been named
in the complaint and shall be filed as to each defendant named
at a later time.
(c) Where the plaintiff intends to rely on the doctrine of
"res ipsa loquitur", as defined by Section 2-1113 of this Code,
the affidavit and written report must state that, in the
opinion of the reviewing health professional, negligence has
occurred in the course of medical treatment. The affiant shall
certify upon filing of the complaint that he is relying on the
doctrine of "res ipsa loquitur".
(d) When the attorney intends to rely on the doctrine of
failure to inform of the consequences of the procedure, the
attorney shall certify upon the filing of the complaint that
the reviewing health professional has, after reviewing the

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medical record and other relevant materials involved in the
particular action, concluded that a reasonable health
professional would have informed the patient of the
consequences of the procedure.
(e) Allegations and denials in the affidavit, made without
reasonable cause and found to be untrue, shall subject the
party pleading them or his attorney, or both, to the payment of
reasonable expenses, actually incurred by the other party by
reason of the untrue pleading, together with reasonable
attorneys' fees to be summarily taxed by the court upon motion
made within 30 days of the judgment or dismissal. In no event
shall the award for attorneys' fees and expenses exceed those
actually paid by the moving party, including the insurer, if
any. In proceedings under this paragraph (e), the moving party
shall have the right to depose and examine any and all
reviewing health professionals who prepared reports used in
conjunction with an affidavit required by this Section.
(f) A reviewing health professional who in good faith
prepares a report used in conjunction with an affidavit
required by this Section shall have civil immunity from
liability which otherwise might result from the preparation of
such report.
(g) The failure of the plaintiff to file an affidavit and
report in compliance with this Section shall be grounds for
dismissal under Section 2-619.
(h) This Section does not apply to or affect any actions

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pending at the time of its effective date, but applies to cases
filed on or after its effective date.
(i) This amendatory Act of 1997 does not apply to or
affect any actions pending at the time of its effective date,
but applies to cases filed on or after its effective date.
(j) The changes to this Section made by this amendatory Act
of the 94th General Assembly apply to causes of action accruing
on or after its effective date.
(Source: P.A. 94-677, eff. 8-25-05.)