Why do you need my medical records?

By Rebecca Hennessy

Consultant Solicitor

As a Claimant (the person making the claim), it is for you to prove your case and that includes proving that the accident happened and that you were injured.

Medical records are an important way to prove that you were injured. They often provide evidence shortly after the accident (the same day, or a few days afterwards) which helps to confirm whether you slipped in a supermarket, tripped in a pothole or were injured in an
accident at work.

Some clients worry about people seeing their medical records and we understand that they are of course very personal to you.

However, in a Personal Injury claim, the only people who should ever see your records are: your lawyers, the Defendant or their lawyers, the medical experts, and the Court. We can assure you that we have probably seen whatever issues you have had before, we keep your records secure and will continue to treat you with
respect.

There may be something in your records that might help the medical expert explain something – for example, you might have an underlying condition that explains why your injury isn’t healing quickly, or, if you broke your right wrist in this accident and had broken it
previously, then that may explain why your wrist broke this time even though another person would not have broken their wrist. We must stress that these things don’t necessarily mean that your case will fail or that your injury is worth less, it just explains what’s going on.

Sometimes, the Court will order you to disclose your medical records. In that situation, we would strongly advise you to do so – not complying with a Court Order is a serious business.

Rather than you ending up in that position, we would recommend you let us have access to your records early.

It’s important to get all the facts, and letting the medical expert see your records early on, means that we can address any issues then, rather than risk a Court ordering your records much later and causing serious issues for your case.

Rebecca and Alec are very supportive of clients bringing any issues to them early on – it is much easier to deal with something before it becomes an issue than try to deal with it after it’s become a real problem.

We want to help you, and the easiest way for us to do that is for you to be as honest as possible from the start.

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