ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/2-622 (2026)

Healing art malpractice

✓ current as of May 2026
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(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 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).
(Source: P.A. 97-1145, eff. 1-18-13; 98-214, eff. 8-9-13.)

    
Notes of Decisions
Cited in 256 cases (76 in the last 5 years), 1993–2026 · leading case: O'Casek v. Child.'s Home & Aid Soc'y, 892 N.E.2d 994 (Ill. 2008).
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O'Casek v. Child.'s Home & Aid Soc'y, 892 N.E.2d 994 (Ill. 2008). · cites it 15× “At issue is whether plaintiff, Marjorie O'Casek, special administrator of the estate of Carla Thompson, deceased, was entitled to a 90-day extension in which to file a certificate of merit, in support of her malpractice action, as required by section 2-622 of the Code of Civil…”
Holzrichter v. Yorath, 2013 IL App (1st) 110287 (Ill. App. Ct. 2013). · cites it 10× “Yorath, along with the respondeat superior claims against CMS and FACA under section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2004)) based on plaintiff’s failure to provide a medical affidavit as required by Code section 2-622 (735 ILCS 5/2-622 (West…”
Horlacher v. Cohen, 2017 IL App (1st) 162712 (Ill. App. Ct. 2017). · cites it 28× “the exception from these statutes for fraudulent concealment ( 735 ILCS 5/13-215 (West 2014) ); (2) that she discovered the injury on May 30, 2013, and brought suit on May 28, 2015, which was within two years of discovery ( 735 ILCS 5/13-212(a) (West 2014) ("2 years after the…”
Horlacher v. Cohen, 2017 IL App (1st) 162712 (Ill. App. Ct. 2018). · cites it 22× “d the exception from these statutes for fraudulent concealment (735 ILCS 5/13-215 (West 2014)); (2) that she discovered the injury on May 30, 2013, and brought suit on May 28, 2015, which was within two years of discovery (735 ILCS 5/13-212(a) (West 2014) (“2 years after the…”
Long v. Elborno, 922 N.E.2d 555 (Ill. App. Ct. 2010). · cites it 12× “Elborno was not served for an additional four months after service on the hospital; and (3) whether Supreme Court Rule 103(b) permits plaintiff to be given a credit for the time it took her to secure a health professional report, pursuant to section 2-622 of the Code of Civil…”
Patrick Hahn v. Daniel Walsh, 762 F.3d 617 (7th Cir. 2014). · cites it 5× “Specifically, the defendants contended that the plaintiffs had failed to comply with an Illinois state law, 735 ILCS 5/2-622, that required them to include with their complaint “an affidavit of merit and a written report from a health professional.”
Brucker v. Mercola, 886 N.E.2d 306 (Ill. 2007). · cites it 5× “" Pursuant to section 2-622 of the Code of Civil Procedure (the Code) (735 ILCS 5/2-622 (West 2006)), an attorney's affidavit and a physician's report were attached to the complaint.”
McDonald v. Lipov, 2014 IL App (2d) 130401 (Ill. App. Ct. 2014). · cites it 13× “The trial court gave plaintiff three extensions of time to comply with the affidavit and health-professional’s-report requirements of section 2-622 of the Code of Civil Procedure (Code) (735 ILCS 5/2-622 (West 2008)). Defendants filed motions to dismiss on the grounds that…”
Bommersbach v. Ruiz, 461 F. Supp. 2d 743 (S.D. Ill. 2006). · cites it 18× “On October 10, 2005, Plaintiff filed an opposition to the motion to dismiss arguing that Count II is not one for medical malpractice, therefore, 735 ILCS 5/2-622 does not apply (Doc. 38).”
Miller v. Gupta, 672 N.E.2d 1229 (Ill. 1996). · cites it 8× “Miller did not attach a certificate of merit and written report of a health professional to her complaint, as required by statute in medical malpractice actions (735 ILCS 5/2-622 (West 1994)). Rather, Miller's attorney attached an affidavit to the complaint stating that he had…”
Crull v. Sriratana, 878 N.E.2d 753 (Ill. App. Ct. 2007). · cites it 14× “In October 2006, the trial court dismissed plaintiff's complaint with prejudice, upon learning that the reviewing health-care professional's report, which was required by section 2-622 of the Code of Civil Procedure (735 ILCS 5/2-622 (West 2004)), had been written by a person…”
Crull v. Sriratana, 904 N.E.2d 1183 (Ill. App. Ct. 2009). · cites it 6× “In October 2006, the trial court dismissed plaintiff's complaint with prejudice, upon learning that the reviewing health-care professional's report, which was required by section 2-622 of the Code of Civil Procedure (735 ILCS 5/2-622 (West 2004)), had been written by a person…”
Show all 256 citing cases →
— 735 ILCS 5/2-622(1) — 1 case
Kole v. Brubaker (Ill. App. Ct. 2001).
— 735 ILCS 5/2-622(2) — 1 case
Kole v. Brubaker (Ill. App. Ct. 2001).
— 735 ILCS 5/2-622(a) — 64 cases
Brucker v. Mercola, 886 N.E.2d 306 (Ill. 2007). “" Pursuant to section 2-622 of the Code of Civil Procedure (the Code) (735 ILCS 5/2-622 (West 2006)), an attorney's affidavit and a physician's report were attached to the complaint.”
Holzrichter v. Yorath, 2013 IL App (1st) 110287 (Ill. App. Ct. 2013). “Yorath, along with the respondeat superior claims against CMS and FACA under section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2004)) based on plaintiff’s failure to provide a medical affidavit as required by Code section 2-622 (735 ILCS 5/2-622 (West…”
Eads v. Heritage Enter., Inc., 757 N.E.2d 107 (Ill. App. Ct. 2001).
Patrick Hahn v. Daniel Walsh, 762 F.3d 617 (7th Cir. 2014). “Specifically, the defendants contended that the plaintiffs had failed to comply with an Illinois state law, 735 ILCS 5/2-622, that required them to include with their complaint “an affidavit of merit and a written report from a health professional.”
Horlacher v. Cohen, 2017 IL App (1st) 162712 (Ill. App. Ct. 2018). “d the exception from these statutes for fraudulent concealment (735 ILCS 5/13-215 (West 2014)); (2) that she discovered the injury on May 30, 2013, and brought suit on May 28, 2015, which was within two years of discovery (735 ILCS 5/13-212(a) (West 2014) (“2 years after the…”
— 735 ILCS 5/2-622(a)(1) — 70 cases
Horlacher v. Cohen, 2017 IL App (1st) 162712 (Ill. App. Ct. 2017). “the exception from these statutes for fraudulent concealment ( 735 ILCS 5/13-215 (West 2014) ); (2) that she discovered the injury on May 30, 2013, and brought suit on May 28, 2015, which was within two years of discovery ( 735 ILCS 5/13-212(a) (West 2014) ("2 years after the…”
Horlacher v. Cohen, 2017 IL App (1st) 162712 (Ill. App. Ct. 2018). “d the exception from these statutes for fraudulent concealment (735 ILCS 5/13-215 (West 2014)); (2) that she discovered the injury on May 30, 2013, and brought suit on May 28, 2015, which was within two years of discovery (735 ILCS 5/13-212(a) (West 2014) (“2 years after the…”
O'Casek v. Child.'s Home & Aid Soc'y, 892 N.E.2d 994 (Ill. 2008). “At issue is whether plaintiff, Marjorie O'Casek, special administrator of the estate of Carla Thompson, deceased, was entitled to a 90-day extension in which to file a certificate of merit, in support of her malpractice action, as required by section 2-622 of the Code of Civil…”
Sullivan v. Edward Hosp., 806 N.E.2d 645 (Ill. 2004).
McDonald v. Lipov, 2014 IL App (2d) 130401 (Ill. App. Ct. 2014). “The trial court gave plaintiff three extensions of time to comply with the affidavit and health-professional’s-report requirements of section 2-622 of the Code of Civil Procedure (Code) (735 ILCS 5/2-622 (West 2008)). Defendants filed motions to dismiss on the grounds that…”
— 735 ILCS 5/2-622(a)(1)(i) — 2 cases
Hull v. S. Illinois Hosp. Servs. (Ill. App. Ct. 2005).
Ingold v. Irwin (Ill. App. Ct. 1998).
— 735 ILCS 5/2-622(a)(1)(ii) — 2 cases
Hull v. S. Illinois Hosp. Servs. (Ill. App. Ct. 2005).
Ingold v. Irwin (Ill. App. Ct. 1998).
— 735 ILCS 5/2-622(a)(1)(iii) — 5 cases
Christmas v. Dr. Donald W. Hugar, Ltd., 949 N.E.2d 675 (Ill. App. Ct. 2011).
Cookson v. Price, 914 N.E.2d 229 (Ill. App. Ct. 2009).
Hull v. S. Illinois Hosp. Servs. (Ill. App. Ct. 2005).
Ingold v. Irwin (Ill. App. Ct. 1998).
Christmas v. Hugar (Ill. App. Ct. 2011).
— 735 ILCS 5/2-622(a)(2) — 30 cases
O'Casek v. Child.'s Home & Aid Soc'y, 892 N.E.2d 994 (Ill. 2008). “At issue is whether plaintiff, Marjorie O'Casek, special administrator of the estate of Carla Thompson, deceased, was entitled to a 90-day extension in which to file a certificate of merit, in support of her malpractice action, as required by section 2-622 of the Code of Civil…”
Horlacher v. Cohen, 2017 IL App (1st) 162712 (Ill. App. Ct. 2017). “the exception from these statutes for fraudulent concealment ( 735 ILCS 5/13-215 (West 2014) ); (2) that she discovered the injury on May 30, 2013, and brought suit on May 28, 2015, which was within two years of discovery ( 735 ILCS 5/13-212(a) (West 2014) ("2 years after the…”
Horlacher v. Cohen, 2017 IL App (1st) 162712 (Ill. App. Ct. 2018). “d the exception from these statutes for fraudulent concealment (735 ILCS 5/13-215 (West 2014)); (2) that she discovered the injury on May 30, 2013, and brought suit on May 28, 2015, which was within two years of discovery (735 ILCS 5/13-212(a) (West 2014) (“2 years after the…”
Crull v. Sriratana, 878 N.E.2d 753 (Ill. App. Ct. 2007). “In October 2006, the trial court dismissed plaintiff's complaint with prejudice, upon learning that the reviewing health-care professional's report, which was required by section 2-622 of the Code of Civil Procedure (735 ILCS 5/2-622 (West 2004)), had been written by a person…”
Beauchamp v. Zimmerman, 833 N.E.2d 877 (Ill. App. Ct. 2005).
— 735 ILCS 5/2-622(a)(3) — 9 cases
Horlacher v. Cohen, 2017 IL App (1st) 162712 (Ill. App. Ct. 2017). “the exception from these statutes for fraudulent concealment ( 735 ILCS 5/13-215 (West 2014) ); (2) that she discovered the injury on May 30, 2013, and brought suit on May 28, 2015, which was within two years of discovery ( 735 ILCS 5/13-212(a) (West 2014) ("2 years after the…”
McDonald v. Lipov, 2014 IL App (2d) 130401 (Ill. App. Ct. 2014). “The trial court gave plaintiff three extensions of time to comply with the affidavit and health-professional’s-report requirements of section 2-622 of the Code of Civil Procedure (Code) (735 ILCS 5/2-622 (West 2008)). Defendants filed motions to dismiss on the grounds that…”
Horlacher v. Cohen, 2017 IL App (1st) 162712 (Ill. App. Ct. 2018). “d the exception from these statutes for fraudulent concealment (735 ILCS 5/13-215 (West 2014)); (2) that she discovered the injury on May 30, 2013, and brought suit on May 28, 2015, which was within two years of discovery (735 ILCS 5/13-212(a) (West 2014) (“2 years after the…”
Miller v. Gupta, 672 N.E.2d 1229 (Ill. 1996). “Miller did not attach a certificate of merit and written report of a health professional to her complaint, as required by statute in medical malpractice actions (735 ILCS 5/2-622 (West 1994)). Rather, Miller's attorney attached an affidavit to the complaint stating that he had…”
McDonald v. Lipov, 2014 IL App (2d) 130401 (Ill. App. Ct. 2014).
— 735 ILCS 5/2-622(a)(l) — 2 cases
Bommersbach v. Ruiz, 461 F. Supp. 2d 743 (S.D. Ill. 2006). “On October 10, 2005, Plaintiff filed an opposition to the motion to dismiss arguing that Count II is not one for medical malpractice, therefore, 735 ILCS 5/2-622 does not apply (Doc. 38).”
Baumann v. Am. Nat'l Red Cross, 262 F. Supp. 2d 965 (C.D. Ill. 2003).
— 735 ILCS 5/2-622(b) — 6 cases
Holzrichter v. Yorath, 2013 IL App (1st) 110287 (Ill. App. Ct. 2013). “Yorath, along with the respondeat superior claims against CMS and FACA under section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2004)) based on plaintiff’s failure to provide a medical affidavit as required by Code section 2-622 (735 ILCS 5/2-622 (West…”
Pratt-Holdampf v. Trinity Med. Ctr., 789 N.E.2d 882 (Ill. App. Ct. 2003).
Andrews v. Rauner (C.D. Ill. 2025).
Clark v. Clark Dental Care, 2023 IL App (1st) 211200-U (Ill. App. Ct. 2023).
Regions Bank v. USA (S.D. Ill. 2020).
— 735 ILCS 5/2-622(e) — 2 cases
Miller v. Rosenberg, 749 N.E.2d 946 (Ill. 2001).
Steinberg v. Dunseth, 658 N.E.2d 1239 (Ill. App. Ct. 1995).
— 735 ILCS 5/2-622(f) — 2 cases
Wells v. Travis, 672 N.E.2d 789 (Ill. App. Ct. 1996).
Steinberg v. Dunseth, 658 N.E.2d 1239 (Ill. App. Ct. 1995).
— 735 ILCS 5/2-622(g) — 39 cases
O'Casek v. Child.'s Home & Aid Soc'y, 892 N.E.2d 994 (Ill. 2008). “At issue is whether plaintiff, Marjorie O'Casek, special administrator of the estate of Carla Thompson, deceased, was entitled to a 90-day extension in which to file a certificate of merit, in support of her malpractice action, as required by section 2-622 of the Code of Civil…”
Miller v. Gupta, 672 N.E.2d 1229 (Ill. 1996). “Miller did not attach a certificate of merit and written report of a health professional to her complaint, as required by statute in medical malpractice actions (735 ILCS 5/2-622 (West 1994)). Rather, Miller's attorney attached an affidavit to the complaint stating that he had…”
Horlacher v. Cohen, 2017 IL App (1st) 162712 (Ill. App. Ct. 2018). “d the exception from these statutes for fraudulent concealment (735 ILCS 5/13-215 (West 2014)); (2) that she discovered the injury on May 30, 2013, and brought suit on May 28, 2015, which was within two years of discovery (735 ILCS 5/13-212(a) (West 2014) (“2 years after the…”
Horlacher v. Cohen, 2017 IL App (1st) 162712 (Ill. App. Ct. 2017). “the exception from these statutes for fraudulent concealment ( 735 ILCS 5/13-215 (West 2014) ); (2) that she discovered the injury on May 30, 2013, and brought suit on May 28, 2015, which was within two years of discovery ( 735 ILCS 5/13-212(a) (West 2014) ("2 years after the…”
Fiala v. Bickford Senior Living Grp., LLC, 2015 IL App (2d) 150067 (Ill. App. Ct. 2016).
— 735 ILCS 5/2-622(h) — 3 cases
Crull v. Sriratana, 904 N.E.2d 1183 (Ill. App. Ct. 2009). “In October 2006, the trial court dismissed plaintiff's complaint with prejudice, upon learning that the reviewing health-care professional's report, which was required by section 2-622 of the Code of Civil Procedure (735 ILCS 5/2-622 (West 2004)), had been written by a person…”
Delestowixz v. Labinsky (Ill. App. Ct. 1997).
Calamari v. Drammis (Ill. App. Ct. 1997).
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