Using your medical records in support of your injury claim

94 questions have been answered on this subject, why not ask your own?

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.

Some people are not convinced they would be able to get compensation for injuries 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.

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.

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 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 fall 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 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.

94 questions have been answered on this subject, why not ask your own?

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    Questions

    Read on for questions and advice about claiming...

    My solicitor did not send my medical GP records to the expert instructed to examine me. The expert examined me anyway. Is this normal?

    many thanks

    Ian Morris

    It is usually the case that a medical expert would have sight of your medical records when conducting an assessment with you. However, you should not be overly concerned as the records can still be presented to the expert to review and for them to cross reference in any report that they provide.

    Reply

    I had revision surgery on lateral side of foot November 22, 2021, and my foot has never been the same – experiencing pain and nerve damage. I don’t think a nerve block was initially applied before procedure. Do I have a right to receive a medical report listing everything the surgeon did regarding this operation?

    Ian Morris

    You should be able to obtain the details of any treatment provided to you and access your medical records by contacting the relevant department within the NHS. If you feel that you have been the victim of clinical negligence, contact us so that one of our specialist clinical negligence compensation Solicitors can assess your potential claim and advise you further. We offer No Win No Fee services on clinical negligence and can make sure that your rights are upheld if appropriate.

    Reply

    Hi! I had accident in a taxi like rear passenger, I went in emergency then to the gp, after almost 4 years from accident I heard from my solicitor that my medical report is not the same which I done with his doctor, they emailed me the medical reports from gp and emergency, and I can see they wrote something else than I said, they did not stated all my pains, and in the emergency they wrote cheek pain , not the actually pains I told them, even that the car hit us from the back had high speed, they wrote the car hit us from behind was travelling with 20-30mph. Now because of them I am called dishonest and have to pay £6300 to the solicitor. What can I do in this case? Thank you!

    Ian Morris

    Have you spoken with your Solicitor regarding the mistakes made by the A&E/GP medics when noting your symptoms initially?

    Andreea

    Yes I told them that is not what I said in the emergency and gp.

    Ian Morris

    Your Solicitor should attempt to explain the discrepancies to the 3rd party and point out that these errors are not of your doing and are not due to fraud or wilful dishonesty.

    You could also contact the NHS Medical records department to seek that they correct the entry and point out the problems that their mistake is causing you.

    Andreea

    I contact them and they said is nothing to do anymore, already is in the system

    Ian Morris

    Your Solicitor should be seeking to resolve this for you.

    Andreea

    Thank you for your help. I appreciate a lot

    Reply

    I had my medical almost 5 weeks ago and still havent heard anything… how long does it normally take to get your medical report so that you can see that your happy with it.

    Ian Morris

    You will likely receive correspondence from your Solicitor regarding the medical very soon. It is usually the case that a medical experts report will be with the claimants Solicitor after around 4 working weeks. The Solicitor will then review it and ask you to do the same – which will probably take them a week or so to get round to (given the order in which incoming post will be ranked). As such, you should have sight of the medical experts initial report within 4-6 weeks of the examination.

    Reply

    Hi I recently had 2 accidents in work within a year of each other. Both times I slipped on an unmarked wet surface. My latest accident left me with damaged ligaments for which I have to have surgery for.
    The reason I am writing is because I am currently in the process of claiming compensation from my employer, my solicitor who is acting via my union has ask for release of my medical records back to my birth …I find this a bit extreme and rather intrusive ..can they do this?

    Ian Morris

    In short, yes. Whilst many people feel anxious about the release of medical history, it is important that the records are checked to see if there is any previous history of problems with the injured area that may impact on the claim. Your Solicitor is duty bound to maintain the utmost privacy and data protection regarding your medical records and the documents must be handled securely.

    Reply

    An accident occurred in September 2017.

    How far back in years (as per protocol) is my GP legally allowed to forward to the courts pls.

    Ian Morris

    Your entire medical history can be considered when making a claim for personal injury – in that any previous medical issues relating to any area of injury claimed for that are listed on your medical records may be provided.

    Reply

    Ive called my insurance company and i asked will they be contacting my doctor and they said no … which im not happy about as how can they know exactly what pain and suffering i went threw. Also i was told from physiotherapy i have lumbar and cervical damage and the physiotherapy was organised threw my insurance so im hoping they swap notes as its been almost 5months when i had accident, and ive only just been for medical on monday and was seen for around 10 mins and just asked to turn my head from side to side and bend over … i dont understand how they can claim compensation from not seeing my injuries that i had … severe abdominal bruising, cut to arm and bruised knees and bruised collar bone and bruised bust .. then had under surface cycst where i had the bruising on abdominal area, all of this they cant see from looking at me almost 5 months later .

    Ian Morris

    If the medical assessment you were having was for ALL of the injuries sustained, it should last longer and be more thorough than the one you appear to have had. However, if there was just a query about one specific injury or range of movement, the process could be quicker.

    You should certainly flag this up with the relevant person dealing with your claim. Do so in writing and demand written responses.

    Reply

    I was in a car crash and have just had a medical. I’ve taken pictures of my injuries throughout the weeks and was told to do this. However, nobody has asked to look at these pictures. So how can a medical be done for compensation, if they are not aware of how badly I was hurt just after the crash that happened in May 2022?

    Ian Morris

    The medical that you have had will have been conducted by a qualified medical professional with expertise in the type of injuries that you had sustained and that are noted within your claim. The medical expert will use various factors in the completion of their report including, a review of relevant medical records (including any x-rays or scan results) and treatment notes relating to your injuries/recovery, a conversation with you about the incident itself, your injuries and how the symptoms impacted you/still cause discomfort and if applicable, a physical examination regarding any ongoing symptomatic areas.

    These factors will go in to the report that is completed and a prognosis of the recovery period or recovery amount will be made. You will then have an opportunity to review the report and agree or disagree with any aspects. Your Solicitor will then be able to obtain advice regarding an appropriate value to the injury element of your claim and discuss the same with you. The photographs you have could end up being useful if you need to further demonstrate severity of injury or discomfort to help increase any rejected offers.

    Tracy

    Thankyou this was very helpful, also do they take into consideration of having to have physiotherapy and the fact that i got shingles due to the trauma, this is all noted with my doctor. Will they contact my doctor for my notes .

    Ian Morris

    Any physiotherapy treatments should be taken in to account and if a causal link between the injuries sustained and shingles can be established, that may also be included.

    Reply

    I am unhappy with the medical report from a spinal specialist that I have had. The specialist reports that an annular tear that was found during an MRI scan was not caused by the car accident. My medical records from my GP and NHS physiotherapist from the date of the accident report pain in the exact area that the tear has occurred. I have no record of back pain previously on my medical records. My solicitor says to question the specialist will jeopardise my case. I am using a solicitor recommended by my car insurance company.

    Ian Morris

    Surely your Solicitor can ask the specialist to clarify why they do not believe that the tear in question is linked to the index incident? Seeking a medical experts report & prognosis is an essential part of the process of claiming personal injury compensation (as it is the medical experts report that forms the basis of injury value), there is always the risk that the contents of the report can be damaging to a claimant. In the case where an expert doesn’t provide a particularly supportive report, a claimant is somewhat stuck. Whilst you could seek a 2nd experts report, there is no requirement for a defendant to accept the 2nd report and there is no guarantee that it would differ from the first experts report either. Further, you would not be able to recover the cost of a 2nd report, whereas you can with the 1st report. As such, seeking clarification from the medical expert (bearing in mind your medical records should show that you have not sought treatment for any similar pain or issues previously) is the best course of action.

    DAWN

    Thank you for your response. I asked my solicitors to inform the expert that there was a detail incorrect on the report and asked the question how he had come to the conclusion regarding the annual tear when documentation and MRI confirmed the exact place I had reported the pain since the day of the accident, I was seen by a GP 4 days after the accident and have seen 3 medical experts since the accident, all 3 plus my own GP have agreed to soft tissue injury in the area. He has totally ignored the question and just changed the incorrect information, my solicitor has said we cannot do anything about this and he does not have to answer any questions put to him. The third party insurers have seen the 2 previous reports, all my GP reports and the MRI scan, will they have to take all this information into account when valuing the claim or just the latest one from the spine specialist?

    Ian Morris

    The insurers will have to consider the evidence set out in all medical reports received and reach a balanced point of view.

    Reply

    Hi I had my medical report back from my solicitor and it says I reversed the pump truck wich lost control is that implying that I lost control I am a bit confused as when I unloaded the pallet the ppt machine I was using shot back and trapped my arm between the ppt and metal racking .

    Ian Morris

    You should query this with your Solicitor to ensure that the report is read as saying that you lost control of the pump truck due to a fault with the pump truck and not that you simply lost control of it through human error.

    Reply

    I have preexisting anxiety and Ptsd which was exacerbated after a car accident whilst i was pregnant. The other party has admitted liability but are claiming that anxiety was preexisting and not a result of car accident. I saw a psychiatrist after my daughters birth to deal with my anxiety. My medical records make extensive reference to my anxiety but the car accident has not been documented. My psychiatrist and i spoke about this in detail…… How can i prove that the accident made my condition worse if medical notes dont reference it?

    Ian Morris

    Have you asked the Psychiatrist that you saw to provide written confirmation that you did raise the car accident with them?

    Amy

    I wasn’t aware that i could do this? I no longer see the psychiatrist so would I still be able to ask them?

    Ian Morris

    You can request this from the psychiatrist, but you may have to pay a fee for their time or a written report.

    Reply

    Me and my son had a car accident. My son has diagnosed ASD. I have received medical report and clearly my son’s condition is not taken into account. I do not agree with recovery time. Can I ask my solicitor to rewrite or add something to the report?

    Ian Morris

    Your Solicitor cannot re-write the report, but you can disagree with the contents and request that your Solicitor write to the expert in question to raise the issues you are not in agreement with and seek that they re-consider the report and the specific issues that may affect your Son given his diagnosed health condition. It could well be that the specialist in question has not taken that in to account or wasn’t provided with the evidence needed (formal diagnosis of the condition) to be able to include it in their report.

    Reply

    I had a medical assessment in May this year. I was happy with the report but advised not to settle, as it would be better to wait till 1 year post op which was Aug 2021 as if I was still in pain then, I probably would be for life. I was also told that Premex would need to get up to date hospital records. They have been chasing this since June when I gave them my consent to get the records. Why is it taking so long? Do I have a right to access my medical hospital records to forward myself to my solicitor? Would it effect my claim by doing so? Surely it shouldn’t take 4/5 months to get records?

    Ian Morris

    You’re right, it shouldn’t take such a long period to release your medical records and it usually doesn’t take this amount of time. Occasionally we do come across departments or that are painfully slow in acting on any request for patient information.

    Anything you can do to help to speed up the process – by contacting your GP surgery and the medical records people to get the records sent to you or the medical company will only help your Solicitor to move things forward more quickly would be beneficial to you and your claim.

    Reply

    How far back does a solicitor deem a degenerative problem . My last complaint for the area which I have injured was over 10 years . Will that be seen as degenerative?? Also medical record from gp is missing a entry how do I chase that ??

    Ian Morris

    Whether an injury can be attributed to age degeneration, will be a matter for a medical expert to decide. Of course, if you have ever had a previous injury to the area that is now at the heart of your claim, you do need to disclose that – both to your Solicitor and to a medical expert when they assess you in order to be transparent and open. However, if your previous GP treatment was 10 years ago and was a ‘one off’ for a condition that was a short term injury or problem, it is unlikely that it will count against you.

    Reply

    My solicitor is now awaiting my medical report from the medical examiner as the defendant’s I have claimed against have admitted liability pending a medical. Once my solicitor receives the report and sends it off to them, what are the next steps they will take? Will it just be a case of negotiating a settlement payment or can they make me have another medical just to delay the process? Thank you

    Ian Morris

    When you the medical experts report is provided, your Solicitor will provide you with a copy and ask you to confirm whether you are happy with the contents. Assuming you are, the report will be handed to the defendants and they can then respond accordingly. Whilst they are allowed to seek a further report, this is unlikely and that can’t do it just to delay the process unduly. In most cases, once the medical report is received and agreed by both parties, the Solicitor and Defendant will begin discussing an appropriate settlement and move to get the case settled and closed.

    Reply

    I’m still trying to get an interim payment 5 months down the line from first requesting one.
    The defence want my medical records before even considering an interim payment.
    I had my medical 2 weeks ago for my claim but still waiting for the report.

    My question is should I disclose my records now and if so would it be damaging to my case?

    Ian Morris

    Disclosing medical records is something that is a standard practice in personal injury claims. However, before disclosing them, you need to discuss this with your Solicitor.

    Reply

    Hello.
    I ve been in A&E after accident at work. But nobody give me medical record. I have to ask A&E get record for claim accident at work?
    Thank you

    Ian Morris

    You do not need to ask the Hospital or your GP for a copy of any report and you do not need one to make a claim, however you should make sure that your employer has an accident book record of the accident.

    Reply

    If a claimants court proceedings for a personal injury claim have begun but then they’re asked to provide gp records but do not wish to give them up due to mental health records can they pull out of their claim without any charges from their no win no fee solicitors?

    Dee

    Hello, my solicitors have asked for my full medical records. I do not want to disclose them and want out of my whole legal case! If I deny access can I pull out of my case without any legal charges?

    Ian Morris

    If you refuse to disclose your medical records, that will be seen as a failure to cooperate and as such, you would be in breach of the terms of the instructions you signed to get the Solicitors to act for you and you could face financial penalties for the costs your Solicitor has incurred in handling your claim.

    Why would you not wish to disclose your medical records? Whilst they clearly contact personal and private information, the records will only be viewed in confidence by your Solicitor and the medical experts handling the claim. The information will not be publicised or shared so you really have nothing to fear.

    Ian Morris

    Failure to proceed or release medical history will be seen as wilful failure to cooperate and the claimant would be in breach of their Conditional Fee Agreement terms and conditions. This would force the Solicitor to have to pursue the claimant for costs.

    Reply

    I misread my medical report and sent it back to my solicitor by mistake. I did not sign that I read and understood the medical report, my solicitor instead of sending me back the full medical report to read and sign again she took just one page from the report and sent it back to me to sign. There are things in that i didn’t read about after she submit my claims, then she says that I can’t say my injury happened because of the accident. How can I go different about it i haven’t accepted the offer yet?

    Ian Morris

    Have you spoken to your Solicitor about the error that their handling of this part of your claim has caused? It would appear that your Solicitor has at least contributed to a potential undermining of your claim through negligence. With that in mind, you should discuss this with the Solicitor and if they are unwilling to do anything about it, formally complain to the firm.

    Reply

    I was involved in slipping injury where I injured both toe thumbs on the stair cases, one dead nail and another partly dead. I did go to my GP and was told that nails r dead. I had all evidences photos and videos of the hotel I was injured. The hotel has accepted liability. Why is the solicitor asking for my medical notes? Do I need to see another independent doctor to assess my injury/ies even tho I already had it in my medical notes?

    Ian Morris

    The medical records will show the dates of attendance and the injuries presented/treatment given at the time. A medical assessment is needed to ascertain the level of recovery or ongoing problems in order that an appropriate valuation can be attached to your claim.

    Reply

    My solicitor has stated my GP will not respond to a written request for my medical records. what can I do to help get my medical records?

    Ian Morris

    Obtaining medical records from a GP surgery for the purposes of a personal injury claim should be an easy process, but on many occasions, GP surgeries fail to release the medical records in a timely fashion and take some chasing and repeated requests to pass the information over! This is quite a problem at the moment, but the GP surgeries have a duty to make sure that medical records are passed to people with the authority to view them.

    One thing we have found to help greatly, is for the claimant to make contact with their surgery and speak nicely with the reception team or GP and express the need for the release to be made.

    Reply

    If my medical record were given to my employer by my doctor without me seeing them after I had instructed this to be done has my doctor broken the law or confidentiality?

    Ian Morris

    Your GP cannot disclose your medical records without your consent to do so.

    Reply

    I fell over a raised grid and I have a no win no fee solicitor, it looks as if I may have to go to court to try to obtain the compensation due to me. I have been to all the different specialists which my solicitor arranged for me to do, one of the specialists recommended I have an mri scan as I suffer from headaches, my own doctor says I don’t need one but my solicitor has arranged for me to go privately as my headaches are a lot better now and I went for an eye test but she insists I still go even though they are paying. I am terrified to go as I have claustrophobia, do I still have to go as she requested?

    Ian Morris

    Whatever you do, don’t just fail to turn up. If you have anxiety issues around any aspect of your claim, make sure that you discuss them fully with your Solicitor. Your Solicitor is there to help you and act in your best interests. Whatever the issue, as long as your Solicitor knows of your concerns or problems, they can help to make sure that those issues don’t damage the prospect of succeeding with your claim.

    Reply

    I was involved in an RTA of which the other driver claimed full liability. I subsequently remain off work due to my injury and have been for a number of months. I was currently off sick on the day of the RTA whilst recovering from major surgery but had been due to return back to work a week following the date of the RTA. My major surgery recovery had been slow and I had pre existing health problems which the medics think may have played a part in my delayed recovery.
    Am I better allowing only my medical notes since the RTA to be forwarded to the insurers or my full notes? Some of my pre existing health problems may clearly be delaying my injury now ie previous back surgery years ago and chronic pain from a previous injury.
    I have already experienced in the past how defence medics & solicitors use any possible thing they can and even lie ( despite clear supporting evidence/history being documented in a persons medical notes) to twist every past illness/surgery or ailment a person has ever had and have great concerns they will see this as an opportunity to use against me in any way possible. So am I better allowing only medical evidence since my RTA to be forwarded? The whole experience was so unpleasant despite me being prior warned this is the norm legal behaviour and hoped never to go through anything similar again but sadly I now find myself in this dreadful situation through no fault of my own at all.

    Ian Morris

    Do you have a Solicitor acting for you in this matter? If not, please contact us on 01225430285 so that we can advise you further and have this matter pursued by an expert specialist Solicitor.

    If you already have a Solicitor, it is important that you disclose any pre-existing conditions to the Solicitor at the earliest opportunity. That way, they can ensure that an appropriate medial expert is instructed to provide a detailed report that would outline the way that the recent trauma of the car accident has caused both new injuries and importantly, exacerbated pre-existing conditions or caused a delay in your healing process. It is always best that this information is known BEFORE the 3rd party get a chance to ‘discover’ the pre-existing conditions and attempt to use them to discredit you or your claim.

    Solicitors are well used to including pre-existing conditions in a claim and if they know the full details, they can ensure that the defendant is unable to wriggle out of their liabilities in your claim.

    Reply

    An at-fault driver’s solicitor has asked to see my friend’s complete medical records from birth. Are they allowed to do this?
    Mary

    Ian Morris

    The defendant can request sight of a claimants medical records. They will do this in order to be certain that there are no pre-existing issues or ongoing problems that were already being dealt with by Doctors as if they can find such evidence they can reduce the amount of compensation that they may have to pay. Whilst this is a totally legitimate request, your friend doesn’t have to agree to their request and she should discuss the request with her Solicitor and seek their advice as to what is best to do.

    Reply

    I appreciate your responses. And apparently they want to see medical reports, even though they have had physio report, and a independent gp report that says my injuries, was because of the accident, but I’ve now seen a orthopedic surgeon, and awaiting for my medical records that I’ve signed to be released.

    Ian Morris

    Whilst this further requirement to go through all sorts of records and reports is clearly frustrating for you, you should not let it concern you too much. It seems that your Solicitor is handling the matter correctly and all of the records that the defendant wants to see will only help in establishing the severity of your injuries and therefore a valuation on your claim for compensation.

    Reply

    I really hope you can help.

    I’m part way through a claim where the solicitor has said I need to accept the medical report from the specialist doctor even though I entirely disagree with it. Can I request a different specialist doctor? Or do I start from scratch with a different solicitor? My reasons for disagreeing a substantial and I have evidence.

    I was on a bicycle and went over the bonnet of a car who pulled out on me. The driver claimed full responsibility and have two witnessed who agreed.

    I was unable to walk properly immediately afterwards due to a big knock on the knee, but still went into work the next day due to my employer not paying for any time off. ie. I had one day off work (the day of the accident) to rest my knee.

    The medical report came back twice stating “NO TIME OFF WORK WAS NECESSARY”. This goes against both the ambulance report and GP reports that both advised rest.

    The medical report even stated that “in his opinion, the accident would have caused me pain at work”.

    It just seems bizarre to me so I’m stuck as to what to do! At the VERY lest I expected to be able to claim ONE day of lost earnings back. This was my main reason for claiming.

    Ian Morris

    It is not uncommon for a claimant to note discrepanices, small errors or missing items in a medical experts report. Any such errors should be identified and noted and returned to the expert for amendment of their final report prior to agreeing to the report and sharing the contents with the defendant.

    The issue you mention in your specialist report regarding the time off work should be an issue that is easily amended and your employer should be able to provide confirmation of any days of absence at the accident date or afterwards as further evidence.

    There is no realistic prospect of switching Solicitors given the nature of No Win No Fee and the fact that a new Solicitor would have to ensure that the previous Solicitor received fees for the work that they have done upon settlement of the claim, making such a move financially unviable for the new Solicitor. With regards to a new medical expert, you can request a 2nd report, but you would have to meet that cost personally (you can’t recover the cost of a 2nd medical report) and there is of course, no guarantee that a new expert would provide a more beneficial report.

    If you are not happy with your Solicitor and their handling of this issue (or any other element of the claim), you should make a formal complaint to them in order that a senior partner within that firm investigates your concerns and hopefully resolves it for you.

    Reply

    I had a nasty accident at home falling downstairs and damaging my foot badly. I had an xray and it showed a closed fracture of the foot. I have had 3 more xrays because it wasn’t getting any better it showed that I never had a fracture. I have this in writing off my GP, Hospital and Podiatrist that it was broke, but now they are denying it. Have I got a claim. I am at present wearing an air boot after 8 months of the accident because the hospital never treated it. I am left disabled, I have a bad limp and I can’t work.

    Ian Morris

    Clinical negligence is notoriously hard to confirm and equally hard to succeed with a claim for. However, we do have specialist Solicitors that can consider such claim scenarios and pursue such claims on a No Win No Fee basis if appropriate.

    Reply

    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?

    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

    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

    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

    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.

    Ian Morris

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

    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

    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

    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?

    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

    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?

    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

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

    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

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

    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

    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?

    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

    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.

    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

    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 .

    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.

    laura

    Thank you for your reply

    Reply

    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?

    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
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