Medical Records

[DobermanLady]

YOUR STATE NAME - Illinois

New to these chat boards so be nice...

Was wondering if someone could help. I live in Illinois. My husbands mother died unexpectedly 18 months ago under mysterious curcumstances. We want the medical records to understand what happened and if it was malpractice. There are 2 hospitals and 1 Doctor's records that we want. We requested them repeatedly but have been told no. They tell us that my husbands brother must request them since he was put on the death cert. as informant. He says no, we dont need them and he is not interested. They are the only siblings. We did get one set of records from the first hospital and they are suspicious. Attorneys will not help us unless we have all the records. Does anyone know of someway to get some kind of court order ordering them to release them to us or some other recourse? I have been banging my head on the wall for a year now and I believe we are running out of time to file. Thanks for your help!

 

[vrzirn]

If the legal representative of the estate declines to request the records you will need a court order. This is obtained by filing suit and obtaining subpoenas for the medical records..

 

[DobermanLady]

Thank you for your response, but may I ask...
There is no legal rep for estate since will was never filed in probate, is this correct? Filing suit and subpoenas for the records must be done by an attorney right? Since no attorney will file without records I might as well give it up. Do you know of a link I can go to to look up requirements to file suit?

 

[vrzirn]

The executor is the legal representative. It is his responsibility to pay any debts owed by the decedent and distribute the assets.
Seek a free consultation with an attorney.

 

[DobermanLady]

There is no legal representative for this estate. I have started receiving records from the hospitals and it does show that the physician over prescribed meds that ultimatly caused Mom's demise and he did not run the routine tests that are necessary which would have shown the problem. Now that I have the proof, I have found an attorney that is more than willing to accept my case.
I truely appreciate your imput. Your response is very welcomed.
By the way, My husband was legally intitled to the records for the fact that there is no court registered will or executor, and being that he is next of kin (i.e. son) he is entitled to them regardless who's name is on the death certificate.

Again, Thank you.