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Illinois Merit Certificate Law Applies in FTCA Malpractice Suits

Nov. 5, 2019, 2:06 PM

A prisoner suing federal health-care providers for medical malpractice under the Federal Tort Claims Act must comply with a state law requiring a physician’s affidavit and report supporting his assertions, but has until the summary judgment stage to file the documents, the Seventh Circuit said.

State certificate of merit laws are substantive requirements, and thus apply in cases against private people in federal court, the court said. Illinois’s law requires a medical malpractice plaintiff to attach to their complaint an affidavit and report stating that the cause of action is reasonable and has merit.

Under the FTCA, the U.S. government...

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