Jack J. Casciato, partner at Clifford Law Offices, authored an article for the Chicago Daily Law Bulletin, titled, “Avoiding Discovery Delays Waiting for Medical Records,” which discusses an Illinois state statute that can benefit plaintiffs, defense, and judges alike.
Illinois statute 735 ILCS 5/8-2001 requires a healthcare facility to provide copies of requested records to patients, attorneys, or the court within 30 days of receiving a written request. If unable to provide documents within that timeframe, the facility must notify the requesting party with a written statement of delay and a date for when the documents will be available.
“Too often, discovery is delayed in cases while parties patiently wait for hospitals and health care facilities to produce records following an authorization or subpoena. It’s commonly heard in courtrooms across Illinois that a defendant cannot proceed with a plaintiff’s deposition because the defendant is still waiting on some lingering records from a dilatory provider.”
– Jack J. Casciato, partner at Clifford Law Offices
In a court system currently bottlenecked by untimely document procurement, Jack estimates that consistent implementation of the statute can offer a much-needed reprieve, potentially reducing the length of a case by months or more, aiding in moving it toward a much quicker resolution, and helping judges facilitate a fair progression of cases.
Jack Casciato is an experienced personal injury attorney with Clifford Law Offices who concentrates on major truck accidents, premises liability, and complex personal injury and wrongful death litigation. His years of experience as a truck accident defense attorney provide him with incredible insider knowledge as he advocates for individuals involved in tragic accidents against corporations and insurance companies.
To read Jack’s article in full, click here.