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

Pursuing a personal injury lawsuit could make you wonder why your medical records are needed and who would have access to them. At SilverOak Solicitors, we are here to help you through the process knowing that this is a delicate subject.

Why Are Medical Records Required?

Reviewing your medical records is essential for a personal injury claim because they help your solicitor:

• Link the Accident to Your Injury: This provides evidence to connect the incident to the harm you’ve suffered accurately.
• 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. Failure to provide full disclosure can also lead to weakened credibility and suspicions of fundamental dishonesty.

How Are Medical Records Obtained?

Your medical records are only released with written permission. Your personal injury lawyers will request that you sign a form authorising healthcare professionals to forward your records to them. This guarantees that the process is totally open and that only your approved solicitor can view your records.

Usually, medical records are sought for solely relevance to your claim. For instances involving psychological damage, for example, your personal injury counsel could need access to past mental health data. Should the injuries be mild, medical records could not be absolutely necessary.

What Medical Records Will Be Requested?

Usually, personal injury solicitors will ask for complete sets of GP records going back to your birth. For your situation, this offers a thorough medical history including any pre-existing conditions. 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 ask for absolutely necessary supporting documentation for your case.

Who Will See My Medical Records?

Your medical records are handled with the utmost confidentiality:

• Solicitors: Reviewing the records will help your personal injury solicitor to prepare your case and forward them to any medical professionals engaged.
• 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.

If it is a serious injury then medical records may need to be disclosed to the defendant’s solicitors, insurers or their medical expert and the judge, if court proceedings are issued. But this will also require your prior consent.

What Happens If I Refuse to Share My Records?

Avoiding to release your medical data could affect your claim. Should your records be pertinent to the case, the court will typically mandate disclosure of them. Refusal to provide them could harm your credibility and weaken your case or even lead to the dismissal of your claim by the court.

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?

SilverOak Solicitors can assist you or someone you know with a personal injury claim if they have been hurt. Either fill out our online query form or call 020 8578 7778 to get one of our advisers to help with any enquiries or issues.

We are here to help you at every level, so guaranteeing careful and professional handling of your case. Let us assist you to get the compensation you are due.