This question has never been directly addressed by the courts. The legislature may properly impose requirements governing matters of procedure and the presentation of legal claims, and section 2-622 merely requires a litigant to submit certification declaring a meritorious basis for a medical malpractice claim. In reviewing such a dismissal, we apply an abuse of discretion standard. 299 Ill. App. However, in the instant case, the threshold question is whether the plaintiffs are required to comply with the provisions of section 2-622, which is a matter of statutory construction.
Statutory construction is a question of law, and, therefore, our review is de novo.
The statute requiring a medical malpractice plaintiff's attorney to file an affidavit stating that he or she has consulted with a qualified health professional is designed to reduce the number of frivolous lawsuits that are filed and to eliminate such actions at an early stage. 282 Ill. App. 294 Ill. App. In that case, the plaintiffs originally filed a medical malpractice action but later voluntarily dismissed it against all defendants. An amended complaint was filed later alleging negligent spoliation of evidence against Michael Reese Hospital, based upon its loss or destruction of certain X-rays taken of plaintiff's child which caused plaintiffs to be unable to prove their original medical malpractice claim.