Using your medical records in support of your claim

43 questions have been answered below, why not ask your own?

Some people are not convinced that they would be able to get compensation for the injuries that they sustained as a result of somebody else’s negligence. However, if they spoke to a specialist solicitor, they would say there is a chance of winning their case provided there is enough evidence to prove that the accident was somebody else’s fault.

In order to have a strong case for compensation, you will need to have visited a doctor or gone to the hospital about your injuries. When you have been involved in an accident that wasn’t your fault, you can suffer both physical and emotional injuries. Some injuries may result you in being hospitalised, seeking treatment from a medical professional and having to take various medication.

Medical records are very important when it comes to claiming compensation and they are a good way of proving what happened to you during the accident. Your doctor may also have told you not to work and as a result you have lost out on wages which in turn has resulted in you and your family struggling for money. All of this will be taken into consideration when it comes to deciding how much compensation you shall receive.

When you put in a claim for compensation for injuries you have sustained as result of an accident, you will be required to prove your medical conditions. This is usually done through undertaking a medical with a specialist doctor who is well versed in dealing with issues surrounding slips and trips, car accidents or criminal injury, for example.

The solicitor that you hired to represent you in your case for compensation will arrange this on your behalf. Your solicitor will ask request your medical notes from your doctor and enquire about any hospital visits you might have had. It is worth keeping a record of any of this yourself so that you know exactly when you went and what you went for.

Keeping records of every aspect of your accident, whether it was a slip or trip in the street, a whiplash injury or a dental negligence claim, is vitally important. Not only will it strengthen your case for compensation, it could also help to determine how much money you are going to get in compensation.

Largely, the amount of money you receive depends upon the severity and seriousness of your injuries. By having your injuries fully documented, it makes life a lot easier for your solicitor to work out an agreement when it comes to compensation. Your medical records will also be used to make sure that you aren’t putting in a false claim for compensation.

Having a good solid medical record will help you to achieve the settlement that you are looking for. Documenting everything that has happened to you as a result of your accident would be very beneficial to your case. Your no win no fee solicitor will be able to advise you about what you will and won’t need for your compensation claim. You need to be open and honest with them in order to make sure that your case will be successful.

43 questions have been answered below, why not ask your own?

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Questions & Answers


  1. Lynn

    My partner had a accident in January this year but the driver drove off, although they managed to get the registration number of the other car.

    He attended hospital and also saw his own doctor as he suffered whiplash injuries. His solicitor said that his personal injury claim had to go through MIB (which it is). He has had a medical with the medical advisor but now the MIB want his hospital and doctors records. Why do they need them if they have already got it from the medical advisor?

    Reply
    • Ian Morris

      It is most likely that the MIB have only received the medical experts report and not copies of the medical records. The record request is a standard matter and should not be something that you are concerned about. The reason that the MIB will want them is to confirm the nature of the initial treatment and what was reported by your partner on the visits he made. They’ll also want to see if he has any pre-existing injury symptoms that are linked to the injuries for which he is claiming.

      Reply
  2. Sam

    Hi
    I had my independent medical examination last week.The whole appointment lasted only 12 minutes and 3 of those minutes were used to examine me.The Dr seemed very disinterested and didnt ask any of the questions that were on the pre medical questionnaire they had sent me prior to my appointment.How he can do a fair and accurate report is beyond me…thanks

    Reply
    • Ian Morris

      If you have concerns about a medical examination by an expert, you should immediately inform your Solicitor (in writing) of your concerns and of the nature of the way you were examined.

      Medical reports are vitally important in the process of reaching appropriate settlement in a claim for personal injury compensation. If the report is inaccurate or if the examiner fails to take in to account the full impact of the injuries or does not care to undertake a proper examination, a claimant could lose out on a substantial amount of just compensation. As such, you should contact your Solicitor about this urgently.

      Reply
  3. David

    My employer hasn,t contacted me in over a year due to an injury at work, can they ask for my medical records without ever talking to me or even asking how I am,they have only asked for them because I asked if I was due any holiday pay,they said no but found out that I was

    Reply
    • Ian Morris

      The employer can only obtain your medical records with your written consent to do so.

      Reply
      • David

        If I say no they want to send me to an occupational health therapist, what would be my best option, there are personal things on my medical records which I don’t want them to see

        Reply
        • Ian Morris

          You are within your rights to withhold personal and unrelated medical information from any party, particularly your employer. In your case, it would probably be wise to advise the employer that you do not wish to disclose your full medical history for personal reasons, but that you are happy to see an occupational health therapist.

          Reply
  4. Drew

    I have a claim for whiplash & minor muscle injury. I’ve been upset with my legal team in general and we are many months on. They have now asked me for a lifetime of medical history, & I believe this is ridiculous for a small claim. I provided 3/4 years, my own legal team said no and it’s almost standard for a lifetime history to be asked for. I find it very hard to believe this? They have offered yesterday for me to open up full access or drop the cases or look for other legal representation. Again, they have been very poor, even to date they have not acted on important information I have presented to them. Is this something you could look at for me?

    Reply
    • Ian Morris

      The medical records issue you cite is not unusual and although it isn’t always requested, it can often be the case that a defendant insurer seeks such a history in order for them to be sure that the injury at the centre of your claim is not a long standing issue that you have previously been treated for. Whilst it is frustrating to be asked to provide this history, there is no reason for you not to release the records.

      In terms of switching to a different Solicitor, it isn’t that straightforward and in the majority of cases, the best course of action is to remain with the firm you have already instructed. Before you do switch Solicitors, you should make a formal complaint to your existing Solicitor outlining the areas of their handling of your claim that has led to you feeling unhappy. This at least affords them the opportunity to resolve your complaint and hopefully leave you satisfied. If you can resolve your issue this way, it would be in your best interests.

      Reply
  5. Mark

    I have been to scared to attend a hospital or doctor surgery since an incident where my home was flooded and everything was destroyed. The housing association were responsible for damages and they have admitted liablility. I have been self isolating and the affect on my mental health is traumatic, but how do I prove that I am suffering mild symptoms and I’m too petrified to leave the house?

    Reply
    • Ian Morris

      As you appreciate, it is always going to be the case that a claimant will need to be able to substantiate their claim with the right evidence to win their claim. In your case, the evidence you’ll need to provide will be medical treatment and diagnosis of the anxiety related issues that have been caused to you.

      It is not uncommon for people in your situation, having been through a traumatic incident etc, to not feel able to seek the help they need. In your situation you could consider making contact with your GP and ask for a telephone consultation or even send them an email to start the process of treatment and enable you to demonstrate your injury in your claim.

      Reply
  6. Pauline

    Liability has been admitted for my personal injury claim and a Joint Medical Expert examined me in 2018 and produced a report for both my own solicitor and the other side’s solicitor. I am willing for the Expert to access my records from 2018 to date although there is not much to see but now the other side’s solicitors want to bypass the Joint Expert and get direct access to my records which is intrusive and I have refused. Am I within my rights to insist that only the Joint Expert can access my records and answer any legitimate questions the other side might raise so that I do not have to waive my right to privacy and allow this solicitor to see my records? The expert report mentions GP entries dating back to 1993 and is not restricted just to the injuries I sustained in 2014 so it’s a very comprehensive report. What is the point of engaging a Joint Medical Expert if the defendant’s solicitor wants to bypass him like this?

    Reply
    • Ian Morris

      Your Solicitor should be able to advise you in this, but in general, there is no reason why the joint expert can’t be used to review your records and answer any specific queries the defendant may raise relating to your medical history or previous injuries relevant to the claim you are pursuing.

      Reply
  7. Maureen

    Dear Sir I was involved in an accident last year when I was coming out of my flats where I live I tripped off the step and landed down in a white plastic box surrounded by concrete with a gapping gap which resulted in me breaking both my ankles. I was taken to hospital but on my medical notes it is noted I slipped down a step.

    Reply
    • Ian Morris

      If your injury was caused by disrepair or a hazard that should not have been present, you could look at pursuing a claim for compensation. We would be happy to further discuss your situation with you and look at photographic evidence of the accident site so that we could advise as to whether or not you can make a claim for personal injury compensation.

      If you have supporting photographs, please email them to us at justice@direct2compensation.co.uk and our team will then consider this matter and advise you further.

      Reply
  8. Farah

    Can a solicitor ask for over 5 years worth of a medical record?

    Reply
    • Ian Morris

      Yes, if a Solicitor deems it appropriate to do so – either to prove that there was no previous injury or that an old injury was no longer something that required treatment until the index incident at the heart of a claim, a Solicitor will use the medical records as important evidence to support the work that they are doing.

      Reply
  9. Mary

    Why do they want my medical record for the last 10 years?

    Reply
    • Ian Morris

      When you make a claim for personal injury compensation, the severity of your injury need to be proven, also a defendant needs to know that your injury was not present BEFORE the index incident for which you are making your claim. Therefore, a defendant checking your medical record history to confirm that you have not previously complained of the injury that forms the basis of your claim is valid and fair.

      Reply
  10. Sharon

    My GP admitted negligence but my claim was denied. After a meeting at my practice with the manager I was issued with my medical records so I could see if something was incorrect. There was a serious error and it was agreed that an out of hours GP had seemingly mixed my notes up with another patient. As 3 years was now just past I have found it impossible to find someone to take the claim on again.
    The GP practice has agreed to sign a time waiver form. Also as it was 10 months ago that the incorrect information came to light then would that now not be the time of awareness.
    The situation is distressing especially as it has had life changing consequences for myself.
    How can I go about a new claim?

    Reply
    • Ian Morris

      In terms of a claim for clinical negligence compensation, you should approach a specialist Solicitor who handles such matters exclusively. Clinical Negligence claims are notoriously hard to succeed with and should only be considered and represented by a specialist Solicitor with expertise and experience in claims of such a nature.

      Reply
  11. mick

    I had borderline COPD before I moved into a new house. Through that, I was exposed to black mould throughout the house for 5-months. My COPD is now mild and the housing department have been found liable for contributory negligence and causation. How much can I claim for in compensation please?

    Reply
    • Ian Morris

      The only way to know the amount of compensation that you would be entitled to receive would be by having a specialists medical report provided and for a Barrister to review the report and provide a guideline compensation value. Have you spoken with your Solicitor regarding this issue?

      Reply
  12. Sue

    My husband was involved in a car accident. The other driver accepted liability. My husband sustained injuries which only became apparent a few weeks after the accident. He ended up in hospital and off work for a few months. He is refusing to sign for the release of his medical records. I don’t understand why as he had been fit and well for the last 22 years that I have known him. I think he is concerned about 3rd parties seeing his medical history. Friends & family have told him it is OK. What can be done to assure him it is OK. He is entitled to compensation and needs to co operate to get it.

    Reply
    • Ian Morris

      There is no reason for your Husband to have any concerns about disclosing his medical records to his Solicitor. The only elements of relevance within his medical history will be any previous medical treatments for injuries that form any part of his claim. For example, if your Husband injured his back in the accident, his medical records could show that he had a previous episode of back pain 10 years previously. If this were the case, the defendant insurer would be within their rights to query whether the previous ‘injury’ or issue was linked to the new one and needed to be considered when settling the claim.

      His medical records will not be made available for public view – only by the two sides who are being represented in his claim.

      Without release of his medical records, he will receive some compensation but the value of his settlement is likely to be far, far lower than it should be if his medical records were made available to support his claim.

      Reply
  13. Sarah

    Why do they need ten years medical records?

    Reply
    • Ian Morris

      When someone claims compensation for an injury caused in an accident, the defendants will pay compensation if they admit liability. In order to ensure that they are not paying compensation for pre-existing injuries or long term health conditions, the defendant will wish to have sight of medical history to confirm whether or not the claimant has previously sought medical attention for the injury that they claim was caused in the accident.

      Reply
  14. laura

    Can my solicitor use my original injury medical report after 3/4 as the claim is due to go to court soon . Solicitor asking me to provide a new medical, but why can’t they use the same medical records when I was injured at work. To me it makes sense to use the original as that tells the court what my injuries was and my operations I had .

    Reply
    • Ian Morris

      It is always sensible to act on the advice of your Solicitor as they are duty bound to act in your best interests. The new medical report may well be needed to demonstrate that the injuries have not healed and prove how they are continuing to impact on you.

      Reply
      • laura

        Thank you for your reply

        Reply
  15. Rachael

    Hi I made a claim to cica over a year and half ago & the claim still hasn’t been finalised due to the doctors which saw my daughter not filling in some simple paperwork.
    I have been passed from pillar to post literally. Nobody seems able to fill it in so the claim lays dormant.
    My daughter was sexually assaulted, she was 15yrs old, he pleaded guilty & was consequently punished.
    My daughter is now 18 & we’re still fighting for this.
    She was seen by the child & family unit whom appointed her a community psychiatric nurse, which she saw on a weekly basis for over 2years.
    She attended an anxiety group for 6 weeks in the summer holidays whilst other children did normal things. The list is endless but I can’t get them to fill in the paperwork, surely this is illegal in itself. Im so frustrated because I literally do not know who to call next!!

    Reply
    • Ian Morris

      Have the CICA offered any assistance with regards to obtaining the information needed?

      Do you have a specialist Solicitor acting for you in this matter?

      Reply
  16. James

    I had slip and fall at work injured my neck, they accepted liability but I must wait for causation, how far back do medical experts Look back in medical records?

    Reply
    • Ian Morris

      If you have any relevant issues regarding problems with your neck, that could be seen as relevant and may be called in to question. However, if you have lived years symptom free with no medical intervention, you probably won’t have any concerns.

      Reply
  17. Keith reay

    I was hit by an uninsured driver got whiplash and back pain. Is there anything I can do?

    Reply
    • Ian Morris

      Yes! We can help you to make a claim for compensation with our specialist Solicitors who could use the MIB uninsured driver scheme. This would be a No Win No Fee claim and if successful would enable you to recover compensation for your injuries and any lost income.

      If you would like to take this further, please use our ‘start a claim’ page or call in on 01225430285.

      Reply
  18. Jose

    I have being involved in car accident where I sustained injury to 5 body parts, the third party has accepted fault for the accident as the police report found the driver guilty of careless driving. I attended a medical report examination and the Doctor confirmed that the injury was caused by the accident. My question is how long until I get a first offer for compensation as the accident happened over a year ago, and my solicitor doesn’t contact me often on the progress of the claim, I have to keep asking for answers. Would I be able to change solicitor or I should stick with with them?

    Reply
    • Ian Morris

      You are free to switch Solicitors, but it should be a last resort. In the first instance, you should inform your current Solicitor if you are not happy with their service and give them an opportunity to satisfy your concerns and process your claim. If they are unable to do that, you can then seek to switch your claim to a new Solicitor and you could contact us for help with that.

      Regarding the medical report and how long you should expect to wait until you receive an offer you need to understand the claims process. When your Solicitor receives the experts medical report, they will then send you a copy to read through and agree or disagree with. Once you are happy with the contents, your Solicitor will disclose the report to the defendant and seek Counsels opinion as to the appropriate settlement value for your claim and they will then await the first offer from the defendant. This is usually somewhere between 6-10 weeks after the medical assessment although it can be quicker.

      Reply
  19. Ben

    I have been signed off work for anxiety and depression. This is after i was involved in an investigation of a supervisor who was subsequently fired for misconduct. For the last ten months since then i have been consistently bullied by several of his friends. I no longer feel i can return to work and wish to make a claim of some kind. My concern is that i had an episode of depression around 15 years ago. Will this be detrimental to making a claim?
    Thank you in advance for any advice.

    Reply
    • Ian Morris

      With regards to any pre-existing condition, if the ‘injury’ being claimed for is at all relevant to a previous episode or injury then it will be taken in to account in the claim. However, that should not concern you too much as your medical records would show that you had been living well without any treatment for or episodes of depression in the preceeding 15 years.

      It sounds as if you need to speak to an employment law Solicitor urgently regarding the harassment and bullying you feel you have suffered at work.

      Reply
  20. Edin Alikic

    I has an injury after an incident at work. I got burned to the hands due to faulty electrics. I think that the insurers have denied liability and now await my medical records. I am not sure if my claim is strong enough. I went to A&E for medical help and was given good treatment for my injuries with dressings and medicines. Do you think I can get any compensation and win my claim?

    Reply
    • Ian Morris

      If the electrics at your work were faulty or live circuits were exposed so that you were caused to come in to contact with a live 240 volt circuit, your employer has been negligent and as such, our initial view of this is that you would have a valid claim for accident at work compensation.

      In order for us to give a more definitive opinion on the strength of any possible claim, it would help us greatly if you could explain how you came in to contact with the live electricity and how you came to to suffer the burns to your hands.

      Aside from this, you must ensure that the details of your accident have been properly reported and recorded with your employer. You may also wish to consider whether or not the details of your accident at work require a RIDDOR report.

      Reply
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