Why Medical Records Are Essential in Personal Injury Claims
A common question that we receive as legal professionals by our clients is “why do you need access to my medical records?” It is not uncommon to have concerns when providing your entire medical history as they include personal and sensitive information. Let’s look into the reasons why medical records are crucial to claims for personal injury.
Why are they obtained?
In claims where breach of duty is established, we must then be able to prove that the index accident caused or at the very least contributed to the injuries alleged by our client. This part of the claim is known as causation and medical records assist in establishing causation.
In most claims, clients will visit their GP, local A&E or hospital to receive medical attention for their injuries. Thus, your records provide a contemporaneous note of the accident circumstances and the injuries sustained.
The most effective way of summarising a client’s symptoms, treatment received, recovery and recommendations for further treatment is by way of a medical expert evidence in the form of a medical report. To assist the expert in producing a report, they will need access to your medical records. This includes GP records, hospital records, x-rays, scan results, dental records, therapy records (physiotherapy, counselling or rehabilitation records). As your solicitor, we will review your injuries and consider which records are relevant and require to be requested.
Prior to instructing an appropriate expert, we will review your records to assess whether or not you have any significant pre-existing injuries which link directly to the accident related injuries. This allows us to instruct the most appropriate expert to assess your injuries. We will also look out for anything we feel may impact your claim.
How are they used?
Before your records are obtained, we will request for you to sign a form of authority authorising us to gain access to your records. We are bound by data protection rules and we are unable to disclose any information about you or any other person or organisation unless you specifically agree or a court orders provides so as part of disclosure.
The records will always be supplied to the medical expert prior to the expert examination. The expert will review the records and consider any relevant previous medical history, whether or not this has could be attributed to their injuries and the extent of the injuries caused by the index accident. This review of records enables the expert to provide any further treatment recommendations and a prognosis period for the injuries sustained.
In more serious and complex claims, it may also be necessary to disclose medical records to the defendant’s legal representatives and any medical experts they instruct as well as the court.
Can I refuse to disclose my medical records?
If you refuse to provide your medical records to us, it may be that at a later stage in the claim that the defendant’s legal representatives require access to them. They are entitled to make an application to the court for the disclosure of the records. The court will consider whether the records are necessary for the case to progress and will subsequently Order for the release of the records. Failure to comply with an Order from the court can result in the entire claim being struck out and no compensation awarded.
In summary, you will not always need to disclose your entire medical record history. The extent of the records you need to provide is dependent upon the nature of your injury. However, when bringing a claim for personal injury, you should be prepared to disclose at the very least some if not all of your medical records to ensure that the claim is dealt with appropriately and you achieve the best outcome for the injuries you have suffered.
If you need legal advice regarding a personal injury claim, contact our expert team today on 0330 822 3451. Our experienced personal injury solicitors are here to guide you through every step and help you achieve the best possible outcome for your case.