Legal Question in Medical Malpractice in Illinois

What happens win the defendant does not submit all medical records during discovering of med malpractice suit?

Asked on 11/07/13, 5:48 pm

2 Answers from Attorneys

Chen Kasher Chen Kasher

You should bring a motion to compel. If you believe that the defendant intentionally destroyed records, then you should think about adding spoliation counts to your complaint or otherwise bringing this to the court's attention.

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Answered on 11/07/13, 7:49 pm
Nima Taradji Taradji Law Offices

If you can show that the documents are withheld in purpose, the court will sanction the defendant and possibly bar him from presenting any evidence--effectively causing the defendant to lose. It is a very serious offense--but one that has to be dealt with proper motions in court.

I hope this helps-

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Answered on 11/08/13, 5:56 am


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