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  • Writer's pictureHon. James M. McGing (ret.)

Affidavit of Merit in Illinois Medical Malpractice Cases: Ensuring Accountability and Quality Health

Medical malpractice cases are complex legal battles that require a thorough understanding of both medical and legal principles. In Illinois, as in many other states, a crucial aspect of medical malpractice litigation is the requirement for an Affidavit of Merit. This legal document serves as a safeguard to ensure that only valid claims proceed to trial, protecting both patients and healthcare providers.

What is an Affidavit of Merit?

An Affidavit of Merit is a sworn statement submitted by a qualified healthcare professional in a medical malpractice case. This document certifies that the plaintiff's claim has merit and that there is a reasonable basis to believe that the defendant healthcare provider deviated from the accepted standard of care, resulting in harm to the patient.

The purpose of this requirement is to prevent frivolous lawsuits and to filter out claims lacking sufficient evidence of negligence. It acts as a gatekeeping mechanism, ensuring that only valid claims proceed to trial, saving time and resources for both the court system and the parties involved.

The Requirements for an Affidavit of Merit

In Illinois, an Affidavit of Merit must meet specific criteria to be considered valid. First, it must be filed within 90 days of the defendant's answer to the complaint. Second, it must be signed by a qualified healthcare professional who practices or teaches in the same area of medicine as the defendant. This professional must have the same or similar qualifications as the defendant and be knowledgeable about the applicable standard of care.

The qualified healthcare professional who signs the Affidavit of Merit must also include a written report stating their opinion on the defendant's deviation from the standard of care. This report should outline the basis for their opinion, including any medical records, research, or other relevant evidence.

The Importance of the Affidavit of Merit

The Affidavit of Merit requirement serves several essential purposes in medical malpractice cases. Firstly, it helps weed out frivolous claims that lack merit, preventing the unnecessary burden on healthcare providers and the court system. This requirement encourages plaintiffs and their legal representatives to thoroughly investigate their claims before filing a lawsuit, ensuring that only cases with a reasonable chance of success proceed.

Secondly, the Affidavit of Merit requirement promotes accountability within the healthcare system. By involving qualified healthcare professionals in the early stages of a case, it ensures that claims are evaluated by individuals with the necessary expertise. This helps maintain the integrity of the medical profession and encourages quality healthcare by holding negligent providers accountable for their actions.

Lastly, the Affidavit of Merit requirement encourages early settlement negotiations. When presented with a valid Affidavit of Merit, defendants may be more inclined to settle a case promptly, recognizing the strength of the plaintiff's claim. This can lead to faster resolutions and compensation for injured patients, avoiding lengthy and costly trials.


The Affidavit of Merit requirement in Illinois medical malpractice cases is a crucial component of the legal process. By ensuring that only valid claims proceed, it protects both patients and healthcare providers. This requirement promotes accountability within the healthcare system, encourages quality healthcare practices, and facilitates early settlements. Ultimately, the Affidavit of Merit serves as a safeguard, ensuring that medical malpractice cases are based on merit and have a reasonable chance of success.

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