If your child suffered a birth injury or you suspect something went wrong during labor and delivery, obtaining the complete medical record is the first practical step. Knowing how to get medical records for a birth injury in Illinois requires understanding both state law and federal HIPAA rules, as well as exactly which documents to request — a discharge summary alone is rarely sufficient for a thorough legal or medical review.
This article provides general legal information; consult a licensed Illinois attorney for advice specific to your situation.
Your Legal Right to Access Birth and Delivery Records
Two legal frameworks govern your right to obtain hospital records in Illinois: state law and federal HIPAA regulations. Both apply simultaneously, and the more protective rule controls in any situation where they differ.
Under Illinois law, 735 ILCS 5/8-2001 gives patients and their authorized representatives the right to inspect and copy medical records. For a minor child, a parent or legal guardian may request the child’s records. The statute caps what a hospital may charge — a per-page copy fee and a search-and-retrieval fee, both subject to statutory limits. Facilities cannot require prepayment as a condition of processing the request.
Under federal law, HIPAA’s right of access rule at 45 CFR § 164.524 requires covered healthcare providers to act on a records request within 30 days. If the records are not maintained on-site, a single 30-day extension is permitted, but the provider must notify you of the extension in writing before the initial deadline passes. HIPAA does not permit providers to require a notarized request. A signed written authorization on standard hospital forms is sufficient. Providers may charge a reasonable, cost-based fee but cannot charge excessive fees designed to discourage access.
If records are maintained electronically — as nearly all modern hospital records are — the ONC information-blocking rules at 45 CFR Part 171 require that electronic records be provided promptly in a format you can actually use, such as a patient portal download or a PDF on secure media. Unreasonable delays in providing electronic records may constitute information blocking, which carries separate federal consequences for the provider.
What to Request: A Complete List
A discharge summary is not enough. For a birth injury review, you need the full chart. Submit a written request asking specifically for each of the following:
- Complete fetal heart rate monitoring strips. This is the continuous electronic fetal monitoring record from admission through delivery, including all paper strips or their electronic equivalent. Do not accept a summary or an excerpt — request the entire strip from first placement to delivery.
- Nursing notes, including chain-of-command escalation documentation. These notes record what staff observed, when they observed it, and what actions were taken. Chain-of-command notes document whether nurses escalated concerns to a physician or charge nurse when the situation called for it.
- Physician and midwife notes. Admission history and physical, progress notes, and the delivery note signed by the delivering provider.
- Cord blood gas laboratory results. Request the original laboratory report showing umbilical artery and vein pH, base deficit, pCO2, and any other values reported, along with the specimen collection timestamp.
- Apgar score documentation. The formal Apgar scoring record, typically included in the newborn assessment section, with scores at one minute, five minutes, and ten minutes if performed.
- NICU chart. If your child was admitted to the neonatal intensive care unit, request the complete NICU record, including admission note, daily progress notes, imaging reports (head ultrasound, MRI), and discharge summary.
- Anesthesia records. If an epidural or other anesthesia was administered, the anesthesia record documents timing, dosing, and any complications.
- Operative report. If a cesarean section was performed, the operative report describes the indication for the procedure, findings, and surgical course.
How to Submit the Request
Most hospitals accept records requests through their Health Information Management (HIM) or Medical Records department. The process is typically:
- Locate the hospital’s HIM department contact — this is usually listed on the hospital’s website under “Medical Records” or “Patient Services.”
- Complete the hospital’s authorization form or submit a written letter that includes: your full name (or the child’s name if requesting the child’s records), date of birth, dates of service, a specific description of the records requested, and the format in which you want them (electronic or paper).
- Submit the request by certified mail, fax with confirmation, or through the hospital’s patient portal if one is available. Keep a copy of everything you send.
- Note the date you submitted the request. The 30-day HIPAA clock begins running from that date.
If the hospital fails to respond within 30 days — or within 60 days with a proper written extension notice — you may file a complaint with the HHS Office for Civil Rights.
Illinois Fee Limits Under 735 ILCS 5/8-2001
Under 735 ILCS 5/8-2001, Illinois limits what healthcare providers may charge for medical record copies. The statute sets a per-page cap for paper copies and a separate cap for the search-and-retrieval fee. For electronic records, fees must be reasonable and cost-based under HIPAA’s right-of-access framework — providers cannot impose the same per-page rates for electronic records that apply to paper copies.
If you believe you are being charged fees that exceed the statutory limits, you may raise this in writing with the HIM department citing 735 ILCS 5/8-2001 directly. If the issue is not resolved, a complaint to the Illinois Department of Public Health is an option.
Connecting Records to Legal Evaluation
Once you have the complete record, an attorney can assess whether it warrants review by a medical expert. As explained in our overview of what to do after a birth injury, obtaining the full record early is one of the most important practical steps a family can take — both because it preserves evidence before documents can be lost or misplaced, and because it gives your attorney and any retained experts the complete picture they need to evaluate causation.
Birth injury cases in Illinois have a statute of limitations that controls when a lawsuit may be filed. Illinois law provides specific rules about when the limitations period runs for minors. An attorney can advise you on the applicable deadlines in your specific situation.
Talk to a Chicago Attorney — Free Consultation
Phillips Law Offices helps families throughout Illinois understand their rights and evaluate potential birth injury claims. If you need guidance on obtaining records or want to know whether what happened during your delivery warrants legal review, we are available to speak with you at no charge.
Call (312) 346-4262 or visit our contact page to schedule a free, confidential consultation. There is no fee unless we recover compensation for you.