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SB 3440

CIV PRO-AFFIDAVIT OF MERIT

104th Regular Session Introduced by Don DeWitte

SB 3440 requires filing an affidavit of merit from a qualified professional with civil professional negligence complaints, triggering dismissal if not properly supported.

Referred to Assignments
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Bill Summary · SB 3440

Summary of SB 3440 (Illinois 104th General Assembly)

Purpose and intent

SB 3440 establishes requirements related to affidavit of merit in civil professional liability actions. The bill aims to formalize the use of an affidavit of merit as part of the complaint in certain professional negligence claims, thereby providing a procedural mechanism to ensure that a defendant’s liability is grounded in a professional standard of care and that claims have a competent factual basis before proceeding.

Key provisions and changes

  • Affidavit of merit requirement: The bill mandates that plaintiffs in specified civil actions involving professional services must file an affidavit of merit from a qualified professional. The affidavit must state that, based on reasonable medical probability or a comparable standard (consistent with professional norms in the relevant field), the defendant’s conduct fell below the applicable standard of care and caused the claimed injury or damages.
  • Scope of professionals covered: The affidavit requirement applies to professionals who render services that may give rise to professional negligence claims. The bill defines or references the categories of professionals for whom an affidavit is required (e.g., medical, dental, or other licensed professionals as appropriate under Illinois practice), aligning with existing professional liability frameworks.
  • Content and timing of affidavit: The affidavit must be based on the professional's standard of care, the relation of the defendant’s conduct to the injury, and a reasonable degree of medical probability or the applicable professional standard. The filing timeline is tied to the initiation of the civil action, typically concurrent with or shortly after filing the complaint.
  • Effect on litigation: If the affidavit is not filed within the required timeframe or does not meet specified standards, the complaint may be subject to dismissal or other procedural remedies outlined in the bill. This creates an early screening mechanism to deter frivolous or unsubstantiated professional negligence claims.
  • Procedural safeguards: The bill may include provisions for service of the affidavit on defendants, requirements for the form and content, and potential waivers or extensions under certain circumstances (e.g., statute of limitations issues, discovery matters, or court allowances).

Who is affected

  • Plaintiffs filing professional negligence claims in Illinois civil actions where the bill’s affidavit of merit requirement applies.
  • Qualified professionals whose opinions are needed to support the merits of the claim through the affidavit.
  • Defendants in professional liability cases, who would benefit from an early threshold to challenge groundless claims or insufficient expert support.
  • Courts handling civil cases involving professional negligence, which would implement and enforce the affidavit standards and dismissal provisions.

Procedural and timeline aspects

  • Filing timeline: The affidavit is to be filed with the complaint or within a defined short window after filing, as prescribed by the bill.
  • Dismissal and remedies: Noncompliance or inadequate affidavits trigger procedural consequences, potentially including dismissal without prejudice or with prejudice depending on the bill’s language.
  • Extensions and exceptions: The bill may outline circumstances under which the affidavit deadline can be extended or exceptions granted, such as ongoing discovery or anticipated expert unavailability.

Additional notes

  • The bill has a co-sponsor: Don DeWitte.
  • It was filed with the Illinois Secretary of State on February 4, 2026, and referred to Assignments on the same date.

If you need, I can tailor this summary to focus on a specific professional category (e.g., medical malpractice) or provide a comparison with existing Illinois affidavit-of-merit statutes to highlight similarities and differences.

Compiled from official sources — confirm details with the bill’s official record.

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