• Family Justice Resource Center

Illinois Establishes Patient Rights to EMR Metadata

In a new ruling by Judge James N. O'Hara, out of the Circuit Court of Cook County, Illinois establishes that patients may obtain their full electronic medical records. This includes all audit trails, revision history, In Basket Messages, HAIKU photos and videos, and Sticky Notes.


This policy change is a huge success for parental rights and it will help to ensure that child abuse investigations are rooted in honest and ethical practices.


The court ruling says, "The importance of the information that Prieto has asked for cannot be understated. HHS regulations instruct this Court that Prieto has a right to see everything related to her and her son's medical records. Even assuming there are genuine disputes over whether a patient has a right to obtain auditing and other EHR data, it is no defense to Illinois' broad litigation discovery rules..."


You can read and download the full Angela Prieto v. Rush University Medical Center ruling here.


The Family Justice Resource Center has resources to help you obtain medical records that you have the right to access.