Annie,Thank you for your follow-up. Now I understand, thank you very much for clarifying--I was not sure at first who was seeking whose records. If you filed a direct suit against this party, during discovery you or your attorney can demand medical records directly as part of your discovery investigation. If the party refuses to provide it, you would need to contact the judge and request a subpoena for that information by claiming that the information is essential to your case, andt hat the information is directly probative (important) to your theory of the case.Good luck.
Thank you for your follow-up, Annie.If the order was stricken without prejudice, you can refile provided you are still within the statutory period during which you allege the injury took place. In Illinois the state of limitations on personal injury is 2 years from the date the injury took place. You can submit a new prayer for relief tomorrow if you wish provided it is within this overarching 2 year statutory period. There is no special form, you refile the whole petition from scratch, 'without prejudice' means that the petition is dismissed but you are free to refile it again as before.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).