Medical Disclosure in Personal Injury Claim

HugoMonty2017

I'm just looking for some assistance.

What medical information are my medics required to provide the defendants solicitors? Can they look for all my medical history or just my medical records that are directly related to the injury that is the subject of my personal injury claim?

Victor

You really need to discuss this with your solicitor, but it would be something along the lines of 'relevant medical history'. "Directly related", i.e. relevant medical history since the incident may be too narrow. For example, if you broke your leg in the incident and had a history of breaking that leg, that would likely be relevant. If you had a history of asthma, that would likely be irrelevant.

Make sure solicitor give the doctor proper instructions as to what is required in the report.

HugoMonty2017

Victor wrote: »

You really need to discuss this with your solicitor, but it would be something along the lines of 'relevant medical history'. "Directly related", i.e. relevant medical history since the incident may be too narrow. For example, if you broke your leg in the incident and had a history of breaking that leg, that would likely be relevant. If you had a history of asthma, that would likely be irrelevant.

Make sure solicitor give the doctor proper instructions as to what is required in the report.

my specialist has been asked to prepare a report and submit his notes, my GP has not been asked to prepare a report, I think he has to supply copies of his historical notes. Would this sound right?

Victor

That sounds intrusive and potentially a fishing expedition (looking for unrelated information to discredit you and/or your case, e.g. "Ah, I see you had a case of Gonorrhea last year"). Talk it over with your solicitor and medics.

Note that medics tend to want their fee before they will release the report.

FizzleSticks

This post has been deleted.

HugoMonty2017

Victor wrote: »

That sounds intrusive and potentially a fishing expedition (looking for unrelated information to discredit you and/or your case, e.g. "Ah, I see you had a case of Gonorrhea last year"). Talk it over with your solicitor and medics.

Note that medics tend to want their fee before they will release the report.

sorry I should have said historical medical records from my GP that are relevant to my case..

HugoMonty2017

FizzleSticks wrote: »

This post has been deleted.

If an insurance company were to go fishing wouldn't they have to get my consent to do so?

i do have a pre existing medical condition that is related to my current diagnosis, but my medics believe my current diagnosis was caused by my employer.. I assume everything related to my pre existing condition will be required.

if my medical records and reports are provided now, will I be asked to provide them again in the future?

please helpThank YOU

HugoMonty2017 wrote: »

If an insurance company were to go fishing wouldn't they have to get my consent to do so?

i do have a pre existing medical condition that is related to my current diagnosis, but my medics believe my current diagnosis was caused by my employer.. I assume everything related to my pre existing condition will be required.

if my medical records and reports are provided now, will I be asked to provide them again in the future?

They Want your History to discredit you.

endacl

HugoMonty2017 wrote: »

If an insurance company were to go fishing wouldn't they have to get my consent to do so?

i do have a pre existing medical condition that is related to my current diagnosis, but my medics believe my current diagnosis was caused by my employer.. I assume everything related to my pre existing condition will be required.

if my medical records and reports are provided now, will I be asked to provide them again in the future?

I wouldn't usually cite Wiki, but the Eggshell Skull principle is a tenet of common law, and is explained quite well here:

https://en.wikipedia.org/wiki/Eggshell_skull

To paraphrase, your pre-existing condition should have no bearing. Your employer must 'take you as they find you'.

All the same, I'm an internet randomer. You should talk to your solicitor about it.

Pat Mustard

HugoMonty2017 wrote: »

my specialist has been asked to prepare a report and submit his notes, my GP has not been asked to prepare a report, I think he has to supply copies of his historical notes. Would this sound right?

Mod:

This relates to an existing PI claim and is a real life scenario (apparently). Therefore, your questions amount to requests for legal advice, which contravene the forum charter.

Please do not open any other new threads in this forum.

Thread closed.