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Question:  I have been told that if I pursue a claim for compensation I must agree for my entire medical records to be disclosed.  This is putting me off making a claim as I don’t want, say, an insurance company to know my personal medical history.  Is this true?

Answer:  It is true that someone pursuing a claim for compensation needs to be agreeable to their medical records being disclosed.  This includes general practitioner records and records relating to any relevant treatment such as hospital or physiotherapy.  It is also true that all of a claimant’s GP medical records need to be disclosed and not just those that relate to the treatment that s/he has received in connection with the injuries to which the claim relates.

The reason why all of the medical records need to be obtained is because the medical expert who prepares the report on the claimant’s injuries needs to be in a position to report fully on the injuries suffered.  As part of this process, the medical expert needs to consider whether there is anything in the claimant’s medical history which may be relevant.  This includes whether the claimant has had any similar problems in the past (for example, in the case of a back injury, whether the claimant has had any problems previously with his/her back).

The fact that all of your medical records would need to be obtained should not however put you off pursuing a claim for compensation.  The medical expert will only include in the report information which is relevant to the claim.  Consequently you do not need to be concerned that personal information in your medical records which is irrelevant to your claim will be included in the report.

Finally, it is important also to mention that those who have had sight of your medical records are required to treat them entirely on a private and confidential basis.

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss Norfolk, IP22 4HZ.