How to obtain medical records in light of Holtkamp v. Clayton
By Richard D. Hannigan
Workers’ Compensation Law
, September 2010
The appellate court in Holtkamp Trucking Co. v. David J. Fletcher, M.D., L.L.C., d/b/a Safeworks Illinois found that the paper that the medical records are on and the ink that is used to create the medical records are the property of the medical provider. To command the medical provider to mail medical records to the injured worker would be a confiscation of the medical provider’s property.
Legislation: Medical and Legal Records
Civil Practice and Procedure
, September 2007
Public Act 478 and PA 95-480 amend 735 ILCS 5/8-802, 8-2001, 8-2005, and 8-2006 of the Code of Civil Procedure affecting medical or legal records: (1) Allows charging for the actual postage or shipping charge of the records; (2) Clarifies that records retrieved from scanning, digital imaging, electronic information or other digital format do not qualify as microfiche or microfilm retrieval for calculating charges under this statute.
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