Why Do Personal Injury Lawyers Ask For Medical Records?

Medical records play a significant role in demonstrating how your injuries have affected your life and, in turn, helping to determine the level of compensation you may be entitled to. Whether you are claiming for physical or psychological injuries, or both, your solicitor will usually require access to a full and detailed set of your medical records.

Standard practice is to obtain medical records covering the period from your date of birth to the date on which your claim is brought. However, updated records may also be requested as your case progresses, particularly if you are receiving ongoing treatment, such as physiotherapy.
Clients often ask, “Can I only disclose my medical records from after the accident?” or “Can I only share records from certain dates?”, usually because they are concerned that disclosing their full medical history may negatively affect their case.

However, there is an important reason why full medical records are requested. The aim of compensation is, as far as possible to place you in the position you would have been in had the accident not occurred, while ensuring that the defendant is held fairly and reasonably accountable for the injuries and losses caused.

A complete set of medical records can help independent medico legal experts understand the extent of your injuries taking into account any pre existing injuries and provide an opinion and prognosis as to what injuries have been sustained as a result of the accident and if certain pre existing symptoms have been accelerated by the accident . They may also help identify any long-term effects of your injuries that could influence the value of your claim, including the impact on your ability to participate in activities you enjoyed before the accident. This may form part of a claim for pain, suffering and loss of amenity.

What happens when we take on your case?

Once we have agreed to take on your case, we will send you several documents to complete. These will include a medical consent form, which allows us to request copies of your medical records.

Your solicitor will then contact your general practitioner (GP), as well as any hospitals or other healthcare providers involved in your treatment, to request the relevant records.

Once the records have been received, your solicitor will review them to better understand how the accident has affected you physically and psychologically. We may also instruct an independent medical expert to review your records and provide an opinion on the short- and long-term effects of your injuries.

Medical records can also assist a solicitor to explain to the Defendant representative what potential treatment may assist the Claimant, especially when considering an Immediate Needs Assessment. Case managers will often ask for sight of medical records to liaise with NHS treatment providers.

If an independent medical expert is instructed, an appointment will usually be arranged for you to meet with them. During this appointment, you will have an opportunity to discuss your injuries, treatment and the ways in which the accident has affected your day-to-day life.

Following the appointment, the medical expert will prepare a report setting out their findings and prognosis. Your solicitor can then use this report, alongside the other evidence in your case, to assess the value of your claim.

The medical evidence may also be disclosed to the defendant or their representatives as part of the claims process. The parties may then seek to agree an appropriate settlement. If an agreement cannot be reached, the evidence may ultimately be considered by the court.

Conclusion

Overall, obtaining a complete set of medical records is important because it provides a fuller picture of your health before and after the accident. It allows your solicitor to understand whether any pre-existing conditions have been affected, how your health has changed following the accident and whether your injuries are likely to have any long-term consequences and more importantly allows the medical experts to provide an opinion.
Having this information helps ensure that your injuries and their impact on your life can be properly assessed when determining the appropriate level of compensation.

Need advice about a personal injury claim? Contact our specialist Personal Injury team for expert legal advice on how your medical records and other evidence may affect your claim. Contact us on 0330 822 3451 or request a callback.