ILLINOIS WRONGFUL DEATH ATTORNEYS: OBTAINING A DECEDENT'S MEDICAL RECORDS
The Illinois wrongful death attorneys at the Law Offices of Jeffrey J. Kroll have helped numerous families deal with the untimely death of a family member due to someone else's negligence. Wrongful death lawsuits present numerous issues, one being obtaining the victim's medical records, especially to determine if negligence caused or contributed to the victim's death. In the past, the deceased person's legal representative, usually a family member, was required to open an estate for the victim before being granted access to the medical records of the person that passed away. However, last month, Illinois' Governor Quinn signed a law that may make the process of obtaining a loved one's medical records a bit easier. The bill has been codified as 735 ILCS 5/8-2001.5 (2011). It states, in pertinent part:
"Authorization for release of a deceased patient's records. (a) …When no executor, administrator, or agent exists, and the person did not specifically object to disclosure of his or her records in writing, then a deceased person's health care records may be released upon the written request of:(1) the deceased person's surviving spouse; or
(2) if there is no surviving spouse, any one or more of the following: (i) an adult son or daughter of the deceased, (ii) a parent of the deceased, or (iii) an adult brother or sister of the deceased.
(b) Health care facilities and practitioners are authorized to provide a copy of a deceased patient's records based upon a person's payment of the statutory fee and signed "Authorized Relative Certification", attesting to the fact that the person is authorized to receive such records under this Section. *** "
Upon request for records of a deceased patient, the named authorized relative must furnish the medical facility or practitioner with a certified copy of the deceased person's death certificate. The statute provides direction for preparing the Authorized Relative Certification, detailing the specific language that the requesting party should use.
The Illinois wrongful death and injury attorneys at the Law Offices of Jeffrey J. Kroll think that this statute can provide some comfort for the deceased person's family. We applaud the Illinois legislature for simplifying what can be an otherwise cumbersome and time-consuming process. Families dealing with the loss of a loved one, especially when that loss may be attributed to another person's negligence, often suffer greatly.
The Illinois wrongful death and injury attorneys at the Law Offices of Jeffrey J. Kroll have over twenty years experience, throughout the State of Illinois, assisting the families of individuals whose deaths have been caused by the negligence of another individual, corporation, hospital, or any other institution. Wrongful death and personal injury litigation is our main concentration at the Law Offices of Jeffrey J. Kroll, and we have won record multi-million-dollar settlements and verdicts on behalf of victims’ families. In 2009, Jeff Kroll secured a $1.495 million dollar settlement for a Danville, Illinois woman who was struck and killed by a Dayton Freight Line semi-tracker trailer in downtown Danville, Illinois. In 2008, Jeff Kroll secured a record settlement in Kendall County for the family of a 22-year-old female who was killed when she was rear-ended by a delivery truck. He also obtained a $3 million dollar verdict for an Evans Scholar who died at Northern Illinois University when he was struck by a cinder block thrown from a 3rd floor balcony by another student; and a $2.6 million dollar verdict in a medical malpractice wrongful death action in Adams County, Illinois (Quincy), for a 44-year old man who died when blood clots developed in his lungs after back surgery. Contact us at (312) 676-7222, or fill out our contact form to set up a personal consultation.
