Legal Question in Medical Malpractice in Illinois

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.

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-