Why Do You Need to See My Medical Records as Part of the Claims Process?

One of the most common questions we receive from clients during the claims process is "Why do you need to access my medical records?"

This is a perfectly understandable concern. Medical records are deeply personal and private. However, when you make a personal injury or medical negligence claim, your medical history becomes a crucial piece of evidence. In this blog, we explain why your records are needed, how they are used, and what safeguards are in place to protect your privacy.

The Role of Medical Records in Your Claim

When you bring a claim, whether for a road traffic accident, an injury at work, or medical negligence, you are effectively saying that an injury occurred and that it has impacted your life. To support your case, we need to prove several things:

1.    That you were injured
2.    The nature and extent of your injury
3.    How the injury has affected your daily life, work, and wellbeing
4.    That the injury was caused by someone else’s negligence

Your medical records provide independent, factual evidence that helps us demonstrate all of the above.

What Records Will Be Requested?

In most cases, we will request:
•    Your GP records
•    Any hospital or specialist records relevant to your injury
•    Previous medical records

We will request all of your medical records with your written consent.

Why Past Medical History Might Be Relevant

Sometimes clients are surprised when we ask for records going back several years. Here’s why we may need to look at older records:
•    To rule out pre-existing conditions that the other side might try to blame
•    To understand your baseline health before the injury
•    To show a clear contrast between your condition before and after the incident

In short, older records may help strengthen your case and reduce the risk of insurers arguing that your injury wasn’t caused by the incident in question.

Confidentiality and Data Protection

Your privacy is extremely important. Any request for your medical records is handled in line with UK data protection laws, including the Data Protection Act 2018 and the General Data Protection Regulation (GDPR).

As your solicitors, we have a legal and professional duty to keep your information confidential. The records are used only for your case and are shared strictly with those who need to see them – such as medical experts instructed to write a report, or the defendant’s legal team as part of the disclosure process.

What If I Refuse to Provide My Records?

You are not legally obligated to provide your medical records. However, it’s important to understand that without them, it may be extremely difficult – or even impossible – to prove your injury and win your claim.

In court, the other side will be quick to argue that if records are withheld, there’s something to hide. In our experience, being open and thorough often leads to stronger, quicker settlements.

To Conclude

We understand that giving someone access to your medical history can feel intrusive. But rest assured, we only request what is necessary, and your records are treated with the utmost care and confidentiality.

Our role as your legal representative is to secure the best possible outcome for your claim – and that means building the strongest case we can, with evidence that stands up to scrutiny. Your medical records are an essential part of that process.

If you have concerns or would like to talk through exactly what will be requested, please contact one of our offices.