The defence solicitors have requested my medical notes from treating hospital etc?wha

mary p

Hi
As i have stated above,the defence are looking for my medical notes.
Is this to try and find any holes in the case or is it to get an idea of what sort of compensation they might be looking at?
Do they go through the notes and give there findings on to the insurance company?
thanks for any info on the process at this stage.:)

Banterbus28

They will look at each treatment and try to wiggle out of it.

Car accident?

mary p

car accident.

Kristopherus

mary p wrote: »

car accident.

Talk to your own solr.As they are requesting hospital notes, there may be a question of confidentiality and also they are asking a third party to give them info on you.Data Protection may also be a factor.

Your solr will guide you.

Banterbus28

Compensation claom they will go through each treatment and argue it's necessity or lack thereoff to mitigate compensation pay out

Heebie

If there are legal proceedings going on, your solicitor is your only friend, and the only one you should be talking to about the case.

That being said, if there are legal proceedings going on, both sides are required to give copies of any and all evidence to the other side.
It's a process called "discovery"
But... any discovery should be handled by your solicitor, not you.

If you don't have a solicitor, I'd suggest getting one, even if court proceedings are not expected. Your solicitor's job is to protect your interests, nothing else. They'll tell you when to do what, when to say what, and when to shut up.
They're good like that.

Victor

mary p wrote: »

Is this to try and find any holes in the case or is it to get an idea of what sort of compensation they might be looking at?

Both.

mary p

If it is done through a solicitor,do we have to disclose everything or how does it work?

TheChizler

mary p wrote: »

If it is done through a solicitor,do we have to disclose everything or how does it work?

You have to disclose everything relevant regardless of representation. Your solicitor will know exactly what is and isn't relevant.

coylemj

mary p wrote: »

If it is done through a solicitor,do we have to disclose everything or how does it work?

You claim that you were injured in a car accident, how do you have an issue with the defence wanting details of your medical treatment? Do you expect them to pay out based on a flowery 'medical' report of your injuries and subsequent treatment typed up by your solicitor?

mary p

I seen people say before " it's all a game of buff between each party".but when they have all your medical notes ,there can't be to much buffing done.
I am glad they asked for my medical notes,they can seen for themselves problems caused in black& white.

Needs Must

Yes all documents must be disclosed.

McCrack

A request for voluntary discovery of a plaintiffs medical records must show relevance and necessity.

Just because a person is taking a personal injuries case does not entitle the defence to copies of that persons private medical notes (either pre accident notes and/or treatment notes) in the absense of showing relevance or necessity.

mary p

Is it not in the plantiffs benifit for the defendant to see the full extent of the injuries caused by the accident in the medical notes?

Fred Swanson

This post has been deleted.

hullaballoo

It's not the case that "all documents must be disclosed". Certain documents have protection that means they are not open to being produced under the discovery process.

Robbo

McCrack wrote: »

A request for voluntary discovery of a plaintiffs medical records must show relevance and necessity.

Just because a person is taking a personal injuries case does not entitle the defence to copies of that persons private medical notes (either pre accident notes and/or treatment notes) in the absense of showing relevance or necessity.

I've seen it noted that there have been instances where the defence will send a letter of authorisation to the plaintiffs solicitor giving them a blanket consent to seek all medical records under a Subject Access Request.

Problematic to say the least, but as ever, nothing is surprising with an insurance company.

mary p

But you would think when they have the medical notes,it would give a clear picture of the problems caused by the accident,more so than seeing 1 of there specialist doctors for 20mins.....and his/her opinion .....

McCrack

Robbo wrote: »

I've seen it noted that there have been instances where the defence will send a letter of authorisation to the plaintiffs solicitor giving them a blanket consent to seek all medical records under a Subject Access Request.

Problematic to say the least, but as ever, nothing is surprising with an insurance company.

As a plaintiff solr I will always insist on a voluntary letter before considering whether to disclose a clients medical notes. If consenting as a point I will also seek to limit the temporal scope of the request.

Ive had motions against me on this but they are battles I enjoy!