Who Will See My Medical Records in a Personal Injury Claim?

When pursuing a personal injury claim, you might wonder who will have access to your medical records and why they are needed. At SilverOak Solicitors, we understand that this can be a sensitive topic, and we’re here to guide you through the process.

Why Are Medical Records Required?

Medical records are essential for a personal injury claim because they help your solicitor:

• Link the Accident to Your Injury: They provide evidence to connect the incident to the harm you’ve suffered.
• Understand Your Injuries and Treatment: A full record helps establish the severity of your injuries and any medical care you’ve received.
• Consider Pre-Existing Conditions: If you had pre-existing conditions or symptoms, these need to be taken into account to assess the claim fairly.

Without access to your medical records, it’s difficult to build a strong case and secure the compensation you deserve.

How Are Medical Records Obtained?

Your medical records can only be released if you provide written consent. Your personal injury solicitor will ask you to sign a document authorising healthcare providers to share your records with them. This ensures the process is completely transparent and only your authorised solicitor can access your records.

Medical records are usually requested only when they are relevant to your claim. For instance, in cases involving psychological injuries, your personal injury solicitor might need access to previous mental health records. If the injuries are minor, medical records may not be required at all.

What Medical Records Will Be Requested?

Typically, personal injury solicitors will request a full set of GP records dating back to your birth. This provides a complete medical history, including any pre-existing health issues, which can be important for your case. If you feel certain parts of your records are very personal, your personal injury solicitor will assess whether they are relevant to the claim.

For example, if you are claiming for a physical injury, mental health records may not be necessary unless they relate directly to your claim. Your personal injury solicitor will only request what is absolutely needed to support your case.

Who Will See My Medical Records?

Your medical records are handled with the utmost confidentiality:

• Solicitors: Your personal injury solicitor will review the records to prepare your case and share them with any medical experts involved.
• Medical Experts: These professionals use your records to assess your injuries and prepare an expert report for your claim.

No one else will see your records without your consent. Even if court proceedings begin, strict legal privilege and data protection rules ensure that your medical records remain private. They will not be shared with anyone unrelated to your case.

What Happens If I Refuse to Share My Records?

If you choose not to release your medical records, it could impact your claim. In most cases, the court will order disclosure of your records if they are relevant to the case. Refusal to provide them could harm your credibility and weaken your case.

It’s important to discuss any concerns about privacy with your personal injury solicitor, who will ensure only necessary and relevant records are accessed.

Will My Records Be Made Public?

No, your medical records will not become public. Anyone who accesses them as part of your claim is bound by strict confidentiality rules. Legal privilege and data protection laws ensure that your information is only used for the purpose of your claim and isn’t shared with anyone else.

Need Help with Your Personal Injury Claim?

If you or someone you know has been injured and would like to pursue a personal injury claim, SilverOak Solicitors is here to help. Contact us on 020 8578 7778 or fill out our online enquiry form, and one of our advisors will assist you with any questions or concerns.

We’re here to support you every step of the way, ensuring your case is handled with care and professionalism. Let us help you secure the compensation you deserve.