Will my Solicitor Require Access to My Medical Records?
To have a valid compensation claim, you must show your injury is due to another party’s mistake or negligence. Access to your medical records will help prove this. Accordingly, your solicitor will request you to provide them with access to these at the start of your claim.
What Medical Information Do I Need to Claim Compensation?
Your lawyer will request information relating to your potential compensation claim. They’ll also ask for your past medical history as well. Accordingly, they may forward your GP records, test results (with written consent) to an independent medical expert^. This trustworthy expert then will
- assess you and;
- provide a report to support your claim.
Your previous medical history will only be included if it is relevant to your claim. For example, if you have a medical condition wherein your injury will take longer to heal. Or your prognosis isn’t as positive in comparison to a slightly different medical history.
Why Do I Need to Submit Access to My Medical Records?
As the claimant, you must prove your injury occurs as a result of the accident. In short, it’s not enough to simply state it and provide photographs. Therefore, your claim will succeed only with clear evidence of the nature/extent of your injury or illness. Coupled with formal records from a recognised medical professional, of course.
Your solicitor also needs your medical records to show:
- the scope of any medical treatment healthcare professionals provide immediately after your accident, or;
- in the course of your recovery.
Adding weight to your claim
In truth, this sort of proof adds weight to your claim, too. Accordingly, it makes it more difficult for the other party to dispute the extent of the physical damage you incur. The amount of compensation you may receive ultimately depends on the severity of your injury. Therefore, the only way to show this sufficiently is with your medical records.
Any history which isn’t relevant to your claim, generally, won’t be in the report. Even if you suffer from a previous health issue, you can still claim compensation for an accident.
Who Will See & Have Access to My Medical Records?
Ultimately, you – not your solicitor – decide what information you disclose. If you feel strongly that there is information you don’t want to be made public, your solicitor won’t divulge it.
In short, access to medical records and summary care records included are at your discretion.
For example, you don’t give permission for your medical records to be used in your request for compensation. Fine, but in turn, the other party can cast doubt over the legitimacy of your claim. As a result, they may refuse to pay compensation.
It may also be impossible to have a conditional agreement (No Win, No Fee*) without these records. In truth, a lack of medical records can significantly weaken your claim.
Does this put me at risk of divulging medical records to my place of employment?
Good question: the answer, thankfully, is no, not without your consent. By law, the Access to Medical Reports Act of 1988 ensures this. Furthermore, it adds more protections that the employer may want.
- Do you need help understanding access to medical reports from a health professional?
- Struggling to deal with a records manager at a GP surgery or GP practice?
- Unsure how to carry out a subject access request for the health record against your own NHS number?
- Are you no longer registered with a GP and unsure what your next move is?
The Compensation Experts offer you a free, no-obligation legal consultation. You can discuss making a potential claim, and addressing concerns you may have regarding sharing medical information. Call today, or fill in our online form and let us know when you’d like a callback.
*Please know that conditions may apply.
^This access is in confidence and subject to data protection laws.
Need some help with Access to your Medical Records?
Am I eligible?
If you have been harmed physically in the last 3 years, due to someone else’s negligence, the short answer is yes.
Exceptions to this are for instance industrial disease or if you were a child at the time of the accident you may have a longer period to claim.
How much could I claim?
As every injury is different, the amount of compensation paid out can differ case to case. Varying factors lead to the final figure include: extent of your injuries, earnings missed out on, future losses and more.
Our dedicated team of experts will give you an indication of how much you could potentially claim for.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent & clear as possible.
Your solicitor will gather all the evidence and will notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will be keep up to date every step of the way.
Why should you use us for access to your Medical Records?
No Win No Fee*
We assess all claims on a No Win No Fee basis, then we can determine how successful a claim is likely to be. This service is 100% free.
We assess each claim on its merits with the information provide, which aids us determine its likely success rate.
Our dedicated panel are experts in securing compensation no matter the injury.
Our personal injury solicitors are committed to securing the best possible outcome for you while providing expert support every step of the way.
Personal Dedicated Solicitors
Each client is provided with their own Personal Injury solicitor who will work on the case from start to finish, being there every step of the way. The client will be provided with a direct phone number and direct email address of the solicitor.
Expert no win no fee solicitors working for you
We specialise in helping victims of injury claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your case you don’t pay! Once you make contact, our experienced team will work to recover the maximum compensation you are entitled to.