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Access to Medical Records

In many personal injury cases, it is necessary to obtain the medical records of the injured person for the purposes of medical evidence to support their compensation claim. This may also be the case in posthumous claims, where the person suffering from an illness or injury has died.

The law allows you access to your medical records, with very few exceptions under the Data Protection Act 1998 and Access to Health Records Act 1990. Your records are created, maintained and stored under these regulations and there are therefore procedures that should be followed if you need to gain access to them.

How do I Access My Medical Records?
Obtaining Medical Records of a Deceased Person
Claiming Compensation

How Do I Access My Medical Records?

You can make a written request to your GP or Hospital, who can ask for proof of identity and any you may be asked to pay a fee (which can be up to £10.00 for computer records or up to £50.00 for manual records or a mixture of both). The charge will be less if you only wish to read them and do not require copies.

A reply should be received within 40 days of your request, as this is a legal requirement.

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Obtaining Medical Records of a Deceased Person

If a person has died, access to their medical records may be granted to their executor, next of kin, personal representative or a solicitor acting on behalf of them.

A request would be made in the same way as detailed above, including details of the right of the applicant to access the records. The request should be directed to the records manager at the relevant Primary Care Trust.

For more detailed information on accessing medical records, see the Department of Health website.

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Claiming Compensation

If you or a member of your family have suffered a personal injury or illness as the result of someone else’s negligence, our specialist lawyers may be able to help you claim compensation.

For expert advice, contact us on 0800 0328511 or by completing an online claim enquiry form.

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