If you have suffered an injury or illness due to someone else’s negligence, a solicitor could help you claim compensation from the responsible party. The…
Will my solicitor need access to my medical records?
Your solicitor will usually need access to your medical records to use as evidence and help to calculate how much compensation you may be entitled to.
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Will my personal injury solicitor need access to my medical records?
Yes. When pursuing a personal injury claim, your solicitor will almost always need access to your medical records. These records are essential evidence to prove your injuries, link them to the accident and alleged negligence, and calculate a fair amount of compensation.
Without them, it would be extremely difficult to demonstrate that someone else’s negligence caused your injuries or to show the full impact of the injury on your life. They also reveal whether you had any pre-existing conditions that could affect your claim.
You can rest assured that your medical records will not be used without your consent and will only be shared with relevant parties, such as medico-legal experts and the defendant’s representatives.
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Why do personal injury solicitors need access to medical records?
Solicitors need to access your medical records because they form the core evidence when making a compensation claim. These records allow your solicitor to:
- Prove the existence and severity of your injuries and their long-term impact.
- Help link the injuries directly to the defendant’s alleged negligence.
- Assess how your injuries affect your daily life, work, and mobility.
- Document your diagnosis, treatment, and recovery process.
- Identify any pre-existing conditions that the defendant might raise.
- Calculate the value of your compensation for pain and suffering (general damages).
- Quantify your financial expenses related to treatments, medical aids, rehabilitation, and future care needs.
- Obtain an independent medical report from a specialist to further support your claim.
What medical records will my solicitor request for my claim?
The specific medical records that your solicitor will request will depend on the nature and severity of your injuries. These typically include:
- GP records detailing your past medical history and previous conditions relevant to the claim.
- Hospital records and A&E reports detailing emergency care, surgeries, or hospital stays.
- Specialist reports from consultants such as surgeons, neurologists, or obstetricians.
- Physiotherapy and rehabilitation records documenting your ongoing treatment and recovery.
- Counselling records, if your accident or injuries have caused emotional or psychological issues.
Your solicitor may need to see your medical records going back several years to distinguish any new injuries from pre-existing conditions.
How are medical records used in personal injury claims?
Once your solicitor has your medical records, they will use them to:
- Confirm the nature and severity of your injuries.
- Assess your claim and help establish liability for your injury.
- Obtain an independent report from a medical expert.
- Quantify your losses and calculate your compensation.
- Negotiate a settlement with the defendant’s insurer.
- Issue court proceedings if the defendant denies liability.
What if I have a pre-existing medical condition?
If you have a pre-existing medical condition, this will not prevent you from making a personal injury claim. However, it is crucial to be honest and disclose it from the beginning. Your solicitor will use your medical records to establish:
- What symptoms or conditions existed before the accident.
- Whether the accident worsened, aggravated, or accelerated that condition.
- The additional pain, suffering, or treatment caused by the accident.
The defendant may still be held responsible for the additional harm caused by the accident, even if your injuries were made worse because of a pre-existing condition (sometimes referred to as the Eggshell Skull rule).
Who can access my records during the claims process?
During the claims process, your medical records may be accessed by the following parties:
- Your solicitor – They will initially request copies of your medical records to assess the extent of your injuries, whether you suffer from pre-existing conditions, and the pain and suffering caused by the alleged negligence.
- Medical experts – An independent medico-legal specialist or other medical experts may review your records to help assess your injuries and long-term needs.
- The other party’s representatives – The defendant’s lawyers may request copies of relevant records to verify your injuries, establish their cause, and quantify your losses.
- The court – A judge may also review your medical history if your claim proceeds to trial.
Do I have to give consent for my medical records?
Yes. Your personal injury lawyer cannot access your medical records without your written consent. This consent is required under UK law, including the Data Protection Act 2018, which protects your right to privacy and helps ensure your personal data is handled lawfully and securely.
Before asking for your consent, your solicitor should explain:
- Which medical records they will request.
- Why they are needed to proceed with your claim.
- How they will be used during the claims process.
Without your permission, your solicitor cannot obtain or share your medical records.
Can I refuse to share certain medical records, and what happens if I do?
Yes, you can refuse to share certain medical records, but doing so may affect your case. While you are not legally obliged to provide access to your medical history, medical evidence is essential for proving your injuries and seeking fair compensation.
If you don’t provide proof of your injuries, the following may happen:
- It may significantly weaken or delay your claim.
- The other side can ask a court to order disclosure of relevant records.
- The defendant may dispute your claim and contest the extent or cause of your injuries.
- You may recover less compensation than you otherwise might have.
- It may also be difficult to enter a no win no fee agreement with your solicitor.
However, it is sometimes reasonable to limit access to medical records that are clearly unrelated to your claim. For example, if you are making a claim for a broken wrist, there would usually be no reason to provide records related to a childhood illness.
To conclude, medical records are essential evidence in a personal injury claim. Your solicitor will usually need access to relevant medical history to help prove the extent of your injuries, link them to your accident, and accurately value your claim.
To learn more about this topic or find out if you have a valid compensation claim, call 0800 470 0474 today or use our online claim form to arrange a free consultation with a legal adviser.
