Model Resolutions

ILLINOIS CODE OF PROCEDURE: CERTIFICATE OF PROCEDURE

Resolution#2 :

Whereas, a crisis has occurred in the filing of baseless claims of malpractice lawsuits against physicians and surgeons; and,

Whereas, Illinois Law (Illinois Code of Procedure ILCS : 5/2-622 Certificate of Merit requires a "health professional" to certify that "there is a reasonable and meritorious cause for the filing of such action" with the filing of an "affidavit" and "information which would identify the reviewing health professional may be deleted from the copy so attached" ; and,

Whereas, currently no database exists for the medical society or community at large to gather and record the names of those physicians who provide such 'testimony'; therefore be it

RESOLVED, That it be the policy of the The Illinois State Medical Society to pursue the enactment of legislation that would change Illinois Code of Procedure ILCS : 5/2-622 : Certificate of Merit such that physician identification be required with "any action, whether in tort, contract or otherwise" and included within this "affidavit"; and be it further

RESOLVED, That the ISMS House of Delegates direct that a similar resolution be submitted to the American Medical Association for adoption in states and other jurisdictions where it may also apply.