The implications of SB1352 are significant, particularly in how it modifies the litigation landscape for malpractice cases involving construction and design professionals. By mandating an early assessment of the case by a qualified expert, it seeks to reduce frivolous lawsuits and enhance the integrity of claims brought against architects, engineers, and surveyors. This requirement could potentially deter unsubstantiated claims, fostering a more professional atmosphere within these industries. However, it may also create hurdles for plaintiffs who may struggle to meet the new requirement, thus impacting access to justice for some individuals seeking redress.
Summary
SB1352 is a proposed amendment to the Code of Civil Procedure in Illinois, introduced to establish a prerequisite known as an 'affidavit of merit' in malpractice and negligence actions against architects, engineers, or surveyors. The bill requires that a defendant in such cases can request an affidavit of merit within 56 days of being served with a complaint. If requested, the plaintiff must then provide an affidavit from a qualified individual attesting to the merits of the case within a subsequent 56-day period. This measure aims to ensure that claims against professionals in this field are substantiated by expert opinions right from the onset of litigation.
Contention
While the bill aims to protect professionals from unwarranted allegations, there are concerns regarding its potential to limit legitimate claims from being filed. Critics argue that requiring an affidavit of merit may impose unnecessary barriers on plaintiffs, especially those who may not have the resources to secure expert opinions before filing a lawsuit. Moreover, there is a potential debate over what constitutes a qualified affiant, which could lead to disparities in outcomes depending on the availability and affordability of such experts. The effectiveness of the bill in actually reducing frivolous claims while not impeding legitimate ones remains a point of contention.
Summary_notes
In conclusion, SB1352 represents an important shift towards stricter requirements in malpractice litigation against architects, engineers, and surveyors. This bill's passage could significantly affect both the legal practices in civil law and the operational standards within these professions, shaping how claims are evaluated and litigated in Illinois.
A bill for an act relating to medical malpractice claims, including expert witness certificate of merit affidavits, and including effective date and applicability provisions.
To Amend The Law Concerning Scrivener's Affidavits; And To Allow A Licensed Engineer, Surveyor, Or Notary Public To Execute And Record A Scrivener's Affidavit In Certain Circumstances.