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Illinois Medical Record Rules for Personal Injury Cases

illinois medical records Attribution: Alpha Stock Images - http://alphastockimages.com/

Hospital by Nick Youngson CC BY-SA 3.0 Alpha Stock Images

As previously discussed, insurance companies frequently request medical records. What do you need to specifically know about Illinois medical record rules?

How Do I Get My Medical Records?

Health care provides keep most adult medical records for at least six years. Children have varying lengths of time as well. This length can depend on state laws. Under Illinois law, hospitals must keep medical records at least 10 years. However, no specific rule exists for how long doctors in Illinois must keep medical records. Remember that you have the right to see, get a copy of, and amend your medical record for as long as your health care provider has it.

Under Illinois law, your health care provider owns the actual medical record. For example, if your provider maintains paper medical records, they own and have the right to keep the original record. You only have the right to see and get a copy of it.

Requesting Your Records

Request the record directly from your health care provider. Depending on the record you need, you may need to talk with a hospital or your primary care physician. However, if your doctor no longer practices, you may need to contact the state department of health to find out where your records are kept. You might be denied access to certain medical records, such as your mental health records, if your provider thinks it would harm your physical health for you to see your records.

Facilities may have forms on hand for you to request your medical records, but you can also fill out a Medical Records Request Letter and send it in. You may need to provide the following information:

  • Your name and maiden name
  • Social security number
  • Medical ID number under your policy, or the policy provider number
  • Contact information (address, email and phone number)
  • The records being requested
  • The date of the service(s) of record
  • How you would like your records delivered
  • Your signature

Why This Matters to Your Injury Case

Your lawyer will want to have all of your related medical records related to your injury. This information will:

  • allow an accurate assessment of your injuries,
  • assess the viability of your case,
  • provide proof of your injuries,
  • help determine damage,
  • allows medical experts to analyze the records, and
  • helps prove fault.

Getting the compensation you deserve shouldn’t be a battle. Arlington Heights personal injury attorney Ronald F. Wittmeyer understands how you feel. With more than 30 years experience practicing plaintiffs’ personal injury law, we can fight aggressively on your behalf. Serving the Northwest suburbs including Arlington Heights, Buffalo Grove, Palatine, and surrounding areas, the Law Offices of R.F. Wittmeyer, Ltd.helps level the playing field against major insurance companies and corporations. If you’ve been injured or involved in an accident, call our office at (847) 637-5818 or fill out our online form to schedule a free consultation with one of our highly qualified Arlington Heights personal injury attorneys. The sooner we can learn about your case and your needs, the more effective we can be at recovering fair and adequate compensation for your losses.

About the Firm


Ronald F. Wittmeyer, Jr. practices plaintiffs' personal injury law at his office in Arlington Heights, Illinois.

About Ron

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