Time is important in cases of medical malpractice. Generally, in Illinois, you must file within two years of the negligent act, with some exceptions. Our office can advise you on guidelines about how quickly claims must be filed to move forward. A necessary first step is to gather medical records.
In cases of injury, the injured person, their guardian or Power of Attorney may complete a Medical Records Department form for Release of Information. If your loved one is deceased, Illinois law makes it much easier to obtain their records. If you encounter resistance, remind Medical Records staff of Illinois Law 735 ILCS 5/8-2001.5 which provides that the following people can obtain medical records after a relative’s death:
- The Health Care Power of Attorney Agent
- The administrator of the deceased person’s estate
- The executor of the deceased person’s estate
If no will or Healthcare Power of Attorney or Advanced Directive exists then the following may obtain records:
- A deceased person’s surviving spouse
- An adult son or daughter of the deceased
- A parent of the deceased
- An adult brother or sister of the deceased
All that is required under this law to get medical records is for the individual in any of the above categories to sign the Authorized Relative Certification form, provide a Certified Copy of the Death Certificate, and pay the normal copy charges.
If you believe a loved one died or was injured as a result of medical negligence or if you are having trouble getting the medical record to investigate that possibility, contact The Law Offices of Konrad Sherinian today for a free consultation at (630) 318-2606. You can trust our firm to fight for the justice you deserve.