Your medical records for injury claims form the most important part of your evidence. They help in proving your injuries and their impact on your life. Even the strongest claims can fall apart in front of insurers or in court if there is no medical proof to back it up.
This blog covers all the different types of medical records you may need for your injury claim. We will also talk about their importance and how to obtain them. Hence, read till the end to ensure you do not miss any important piece of evidence that can make your claim successful.
Why Medical Records Are Important For An Injury Claim?
There are many reasons behind that. Firstly, the insurers or the courts in the UK do not trust your words without any solid proof. They demand personal injury medical evidence that clearly explains what you have been through, its connection with the accident and how much time will it take to recover.
Secondly, medical records come from qualified independent professionals registered under the General Medical Council. They are unbiased and have no interest in the outcome of your claim. So, their reports cannot be easily denied by the court or the insurance companies.
Moreover, your medical records explain every angle in which an injury has affected your life. You might not be able to walk. Your body might feel weak. You might develop PTSD. Your work life might take a hit. This can help your personal injury solicitor to negotiate a settlement that best reflects your losses.
Types of Medical Records For Injury Claims
Different types of medical records can be obtained in the UK to prove your injury claim. Each has its own importance. They all provide unique information about your condition and injuries. Together, they put you in a stronger position in the eyes of the court or the insurers. Here are some of the medical records that act as crucial evidence needed for personal injury claims:
GP Records
GP records are your strongest opening move. They explain your past medical history and prove that your current symptoms are not linked with it. These records present a documented proof of all your check-ups, diagnoses, prescriptions and recommendations by your GP for special treatment needs.
Hospital Records
Hospital records for compensation claims are necessary if you were admitted to the hospital after an accident or were referred for treatment by your GP. They provide proof of hospital admission. Details of the surgery or treatment performed. Post-operation doctor’s remarks and a discharge log.
Psychiatric Reports
Your injuries can affect your mental health as well. You might face panic attacks, PTSD or any other form of mental disorder. Psychiatric reports help in explaining your mental condition after an accident. They define the connection between your physical and mental injuries.
Medico-Legal Expert Reports
These are independent assessment reports from qualified specialists in any medical field. They are written specifically to be used for litigation purposes. These reports give an expert opinion on your injuries. They confirm the link between your accident and injuries. They also explain why you need a specific treatment and provide a timeline for your recovery.
Imaging and Diagnostic Tests
You might need imaging and diagnostic test results for claims that involve internal injuries. For instance, you would need X-rays or CT scans to prove your fracture in a broken ankle compensation claim. Similarly, MRI scans are needed when claiming for muscle or ligament damage.
How to Request Medical Records Under UK Law?
The UK Data Protection Act 2018 gives you a legal right to access your medical records. Here are some steps you should follow to obtain personal injury medical evidence needed to support your claim:
- Begin by identifying the healthcare provider that holds your medical record. This may be your GP surgery, NHS hospital or a private clinic.
- Formally write your request to the medical records department or data protection officer of the provider. This request is known as Subject Access Request or SRA.
- The data protection officer or the medical records department might ask for proof of identity. You can submit a copy of your passport and driving licence.
- There might be an administrative fee to process your request. Pay the fee and keep a record of the payment.
- Wait for their response. They are legally required to respond within one month. Sometimes it may take up to 40 days.
- Subject Access Requests are rarely denied by healthcare providers. In case they refuse your request, ask them to provide reasons for refusal in writing.
- Refusals may be appealed by filing a complaint with the formal complaints department of the healthcare provider. You can also file a complaint to the Information Commissioner’s Office.
Final Thoughts
Personal injury medical evidence can ultimately decide your claim’s worth. Do not miss any piece of medical evidence. The process to collect your medical records is simple. However, you might face unexpected delays. Hence, you should start early or seek help from legal experts like the panel solicitors at RU1NJURED.
FAQs
1) How to provide medical evidence of whiplash injury?
Get examined by your GP within 24-48 hours of an accident. Attend physiotherapy consistently. Record your daily symptoms. Get an independent medical assessment from a whiplash specialist.
2) How long do healthcare providers retain medical records?
GP records must be retained till 10 years after the death of the patient. Whereas hospital records must be retained for 8 years after the treatment.
3) Can I claim medical expenses for injury at work?
Yes, you can claim all your medical expenses through a workplace injury claim.
4) Can a solicitor request medical records on your behalf?
Yes, you can authorise your solicitor to submit a request for your medical records.
