Sec. 243. Affidavit of merit
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/bill/116/hr/1332/ih/section-243·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to subsection (b), the plaintiff in a health care lawsuit alleging negligence or, if the plaintiff is represented by an attorney, the plaintiff’s attorney shall file simultaneously with the health care lawsuit an affidavit of merit signed by a health professional who meets the requirements for an expert witness under section 242 of this Act. The affidavit of merit shall certify that the health professional has reviewed the notice and all medical records supplied to him or her by the plaintiff’s attorney concerning the allegations contained in the notice and shall contain a statement of each of the following:
The applicable standard of practice or care. The health professional’s opinion that the applicable standard of practice or care was breached by the health professional or health facility receiving the notice. The actions that should have been taken or omitted by the health professional or health facility in order to have complied with the applicable standard of practice or care. The manner in which the breach of the standard of practice or care was the proximate cause of the injury alleged in the notice.
A listing of the medical records reviewed. Upon motion of a party for good cause shown, the court in which the complaint is filed may grant the plaintiff or, if the plaintiff is represented by an attorney, the plaintiff’s attorney an additional 28 days in which to file the affidavit required under subsection (a). No provision of this section shall be construed to preempt any State law (whether effective before, on, or after the date of the enactment of this Act) that establishes additional requirements for the filing of an affidavit of merit or similar pre-litigation documentation.