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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6223
Experience:  28 years of experience in General Practice, Real Estate Law and Estate Law.
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Please tell me where I can obtain the Affidavit 2-622

Customer Question

Please tell me where I can obtain the Affidavit 2-622
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 10 months ago.
Welcome and thank you for your question. You have a medical/dental malpractice issue?
Expert:  Attyadvisor replied 10 months ago.
What you are looking for is actually drafted by ab attorney. We take a general format and make it specific to the underlying statute requirements. This is a link for the actual statute that set out the requirement for the affidavit http://codes.lp.findlaw.com/ilstatutes/735/5/II/2-622 I am trying to find a sample that you could use that would work.
Expert:  Attyadvisor replied 10 months ago.
This sets out what is required to be contained in the affidavit. http://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-merit-affidavits-and-expert-witnesses.aspx "An affidavit that the plaintiff 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 six years or teaches or has taught within the last six 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 physic***** *****censed 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 physic***** *****censed 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." http://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-merit-affidavits-and-expert-witnesses.aspx
Expert:  Attyadvisor replied 10 months ago.
quot;Section 2-622 requires the plaintiff’s attorney (or the plaintiff herself, if she is proceeding pro se) to file an affidavit declaring the following:That the affiant has consulted with a medical professional who the affiant believes is knowledgeable in the relevant issues involved in the action, has practiced or taught within 5 years in the same area of health care or medicine that is at issue in the particular action, and meets the standards required of all medical expert witnesses set forth in section 8-2501;That the medical expert has reviewed the medical records and determined in a written report that there is a “reasonable and meritorious cause for filing of such action”, and that the affiant has concluded based on the health professional’s review and consultation that there is a reasonable and meritorious cause for filing the action;The written report of the medical professional(s), attached to the affidavit, must adhere to the following:A single written report must be filed to cover each defendant, including defendants who are named at a later time;For individual defendants, the written report must be from a medical professional licensed in the same profession, within the same class of license, as the defendant;For non-individual defendants (i.e. hospitals, practice groups, etc.), the written report must be from a licensed doctor qualified to testify regarding the standard of care applicable in the case;Must identify the profession of the reviewing doctor, as well as the doctor’s name, address, current license number, and state of licensure;Must identify the “reasons for the reviewing health professional’s determination that a reasonable and meritorious cause for the filing of the action exists”.If the plaintiff’s attorney is unable to secure an affidavit from a doctor within the two-year statute of limitations period, the attorney must do the following:File an affidavit stating that the affiant was unable to obtain a consultation from a medical professional before the expiration of the statute of limitations and therefore the statute of limitations would impair the action;In such a case, the plaintiff attorney receives a 90-day extension after the filing of the complaint to file an affidavit and written report from the medical professional as described aboveOr, if the plaintiff’s attorney has requested copies of plaintiff’s medical records, which have not been produced within 60 days of the receipt of the request, the plaintiff can get a 90-day extension to file an affidavit and written report pursuant to section 2-622(a)(3). Additionally, special rules apply where the plaintiff is relying on the doctrines of “res ipsa loquitur” or “failure to inform” as part of her medical malpractice lawsuit. See 735 ILCS 5/2-622(c), (d). The failure of the plaintiff to file an affidavit and medical report in compliance with section 2-622 is grounds for dismissal of her cause of action." http://www.passenlaw.com/complying-affidavit-requirement-illinois-medical-malpractice-cases/
Expert:  Attyadvisor replied 10 months ago.
This is a sample unfortunately for New Jersey. http://www.uslegalforms.com/prodpages/NJ-KB-002.htm%7Cfindforms http://freelegalforms.uslegal.com/affidavits/doctor/ This is a document that needs to be drafted by an attorney. Where in Illinois are you located so I can provide a link for attorneys in your area that provide FREE consultations? If there is a law library near they have form books which contain sample affidavits as well.
Expert:  Attyadvisor replied 10 months ago.
Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Thank you for using JA!
Expert:  Attyadvisor replied 10 months ago.
Are you with me?
Expert:  Attyadvisor replied 10 months ago.
Do you have any additional questions for me?

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