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Using your medical records in support of your injury claim

By Ian Morris | Updated November 28th, 2022

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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.

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Comments & Questions

Read on for questions and advice about claiming...

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?

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

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?

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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?

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.

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

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.

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.

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

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

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.

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?

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.

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?

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.

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

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.

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

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.

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?

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.

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.

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.

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 .

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.

Thank you for your 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?

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.

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