Whether or not you will need to disclose all your medical records in a personal injury claim depends on the circumstances of the accident and the injury sustained.

Medical Records may be needed to prove the injury, its severity and sometimes prognosis
In order to bring a successful personal injury claim, you will need to prove that the accident caused or at least contributed to your injury. In order to do this, your solicitor will need to obtain expert medical evidence. This is usually in the form of a report, prepared by an independent medical expert. The expert will also report on your condition and the prognosis of your injury.

In the UK we can be grateful that exposure to asbestos for the ordinary person is rare. Though its dangers were obscured for generations, its eventual total ban in 1999 meant that workers and British citizens were finally afforded the protection they needed. Unfortunately, the same lies that the asbestos industry asked us to swallow in the 60s and 70s are still being repeated in other parts in the world. Amongst others, Russia and Kazakhstan still mine asbestos and countries like India still import millions of tons of it every year. Those that suffer most are rarely those that own the mines or make vast profits from cheap building materials.

Following the case of London Organising Committee of the Olympic and Paralympic Games (in liquidation) v Haydn Sinfield [2018] EWHC 51 (QB), the High Court has recently provided the clearest guidance yet on fundamental dishonesty in dismissing a claim where a claimant wrongly claimed special damages in an otherwise honest claim.

The case involved a volunteer who, whilst working at the 2012 London Olympics, suffered an injury to his left arm and subsequently brought a personal injury claim. However, he was later found to have exaggerated the costs of gardening assistance following the accident and his entire claim was dismissed.

I am often asked by my clients if they should consider settling their claim despite the need for further medical evidence.

Medical evidence should be obtained from independent medico-legal experts in order to fully investigate how the accident has affected the injured person. This should include details of the accident, details of the injuries suffered and the impact this has had on their daily life and ability to work and any ongoing symptoms. The medical expert will also be asked to comment on the prognosis i.e. when a full recovery from the injuries is likely to be achieved, if at all.

When you have a minor medical problem, you go see a GP for advice. A GP can tell you about the illness you have, what the causes are, and what if any treatment is required.

If you have a serious illness, seeing a consultant rather than a local GP is usually more appropriate. Although you may not have seen this particular consultant before, gaining the benefit of their specialist expertise has clear advantages.