In Illinois, nursing home facilities must provide copies of a resident’s records to his or her family members or to the resident directly.  When requested, many nursing homes make it difficult even though they are required by law to provide records promptly when requested.  Illinois nursing home negligence lawyers can assist if you are having difficulty receiving rightfully owed medical records.

According to a Chicago nursing home abuse attorney, the first step is to establish a “Healthcare Power of Attorney,” which is a designated resident’s family member or other trusted person.  This legal representative can assist in preventing delays in accessing medical records.  This designation should take place prior to admission of the resident, even if he or she is in good mental health at the time and has good decision making skills.  No harm can be done by being properly prepared.  Illinois nursing home negligence lawyers also recommend a copy of the “Healthcare Power of Attorney” is on file at the nursing home,  a second copy on hand, and an additional copy in a safety deposit box.

If you have any confusion regarding access rights to medical files in a nursing home, Illinois nursing home negligence lawyers can help.  Title 42 of the Code of Federal Regulations contains a sections on resident rights (Vol. 3, Public Health, Sec. 483.10).  The complete reference can be found online by searching Sec. 483.10.  Part of this important section states:

“A resident or his/her legal representative has the right of access to all records, including current clinical records within 24 hours (excluding weekends and holidays) or an oral or written request.  Furthermore, after examination of the records, a patient or their legal representative may purchase at a cost not to exceed the community standard, photocopies of the records upon request within two days notice.”

Medical records can be extremely important if you suspect a loved one has been the victim of Illinois nursing home neglect.  Contact a Chicago nursing home abuse attorney immediately if you are confused of your rights or feel a loved one is in any danger of neglect or abuse.

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