2-622.Healing art malpractice.

Article II. Civil Practice · Part 6. Pleading · Last amended 2013 · Last verified July 20, 2026

In one sentenceA plaintiff suing over medical or other healing-art malpractice must file an affidavit -- backed by a health professional's written report -- certifying that the claim has a reasonable and meritorious basis, or explain why that consultation couldn't be obtained in time.

Full Text of 735 ILCS 5/2-622

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(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 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 6 years or teaches or has taught within the last 6 years in the same area of health care or medicine that is at issue in the particular action; and (iii) is qualified by experience or demonstrated competence in the subject of the case; 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. If the affidavit is filed as to a defendant who is a physician licensed to treat human ailments without the use of drugs or medicines and without operative surgery, a dentist, a podiatric physician, a psychologist, or a naprapath, the written report must be from a health professional licensed in the same profession, with the same class of license, as the defendant. For affidavits filed as to all other defendants, the written report must be from a physician licensed to practice medicine in all its branches. In either event, the affidavit 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, must be attached to the affidavit, but information which would identify the reviewing health professional may be deleted from the copy so attached.

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 certificate and written report required by paragraph 1 shall be filed within 90 days after the filing of the complaint. The defendant shall be excused from answering or otherwise pleading until 30 days after being served with a certificate 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 records within 60 days of the receipt of the request. If an affidavit is executed pursuant to this paragraph, the certificate 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 certificate required by paragraph 1.

(b) Where a certificate and written report are required pursuant to this Section a separate certificate 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 certificate 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 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 to file a certificate required by this Section shall be grounds for dismissal under Section 2-619.

(h) (Blank). (i) (Blank).

End

Plain-English Summary

Section 2-622 is Illinois's screening mechanism for malpractice claims against health care providers. Subsection (a) requires the plaintiff's attorney, or a pro se plaintiff, to file an affidavit with the complaint choosing among three options: that a qualified health professional has reviewed the case and found a reasonable and meritorious basis for the action, with a written report attached; that the affiant couldn't get that consultation in time because the statute of limitations would otherwise run, in which case the certificate and report follow within 90 days and the defendant need not answer until 30 days after being served with it; or that the plaintiff requested records under Part 20 of Article VIII and the records weren't produced within 60 days, triggering the same 90-day follow-up and 30-day answer extension.

The reviewing professional generally has to match the defendant's field -- the same profession and class of license for certain non-physician defendants, or a physician licensed to practice medicine in all its branches for everyone else -- and the report must be attached, though information identifying the reviewer can be redacted. Subsection (b) requires a separate certificate and report for each defendant. Subsections (c) and (d) address two special theories: a claim relying on res ipsa loquitur needs a report opining that negligence occurred during treatment, and a claim based on failure to inform of a procedure's consequences needs the attorney to certify the reviewer's conclusion that a reasonable health professional would have given that information.

Subsection (e) backs the certification requirement with a real sanction: an affidavit made without reasonable cause and found untrue exposes the pleading party or attorney to the other side's reasonable expenses and attorney's fees, capped at what the moving party paid, with a right to depose the reviewing professionals. Subsection (f) gives a reviewing professional who prepares a report in good faith civil immunity for it. Subsection (g) makes the consequence of skipping this section explicit: failing to file the required certificate is grounds for dismissal under Section 2-619.

Frequently Asked Questions

What must a plaintiff file to bring a healing-art malpractice claim in Illinois?

An affidavit under 2-622(a), generally supported by a written report from a qualified health professional who reviewed the case and found a reasonable and meritorious basis for the action.

What if the plaintiff can't get that review done before the statute of limitations runs?

The plaintiff can file an affidavit under paragraph 2 explaining that, and then has 90 days after filing the complaint to submit the certificate and report; the defendant doesn't have to answer until 30 days after being served with it.

Does every defendant in a multi-defendant malpractice case need its own certificate?

Yes. Subsection (b) requires a separate certificate and written report for each defendant named in the complaint, including those named later.

What happens if a party files a false or baseless certificate?

Under subsection (e), allegations in the affidavit made without reasonable cause and found untrue expose the pleading party or attorney to the other side's reasonable expenses and attorney's fees, capped at what was paid.

What is the consequence of not filing the required certificate at all?

Subsection (g) makes the failure to file a required certificate grounds for dismissal under Section 2-619.

Amendment History

(Source: P.A. 97-1145, eff. 1-18-13; 98-214, eff. 8-9-13.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

Also known as: affidavit of merit illinois malpracticecertificate of merit illinois medical malpracticehealing art malpractice illinoisres ipsa loquitur illinois malpractice affidavit