One of the first steps in pursuing a medical negligence claim is to obtain your medical records.
Your medical records are some of the most important documents in your case – they allow us to understand exactly what happened, when it happened, and how it has affected you.
Why medical records are so important?
Medical records are an official account of your treatment and care. They provide:
- A timeline of events – from the first symptoms you reported to the diagnosis and treatment you received.
- A basis for expert opinion – medical experts use medical records to determine whether the care provided fell below an acceptable standard.
- The basis of the medical evidence, which will establish if a claim is likely to succeed.
Without medical records, it may be very difficult to prove that there was negligence.
Types of records required
Depending on your case, we may need:
- Hospital records – admission notes, operation notes, discharge summaries, radiology records (X-rays, MRI scans).
- GP records – appointment notes, referral letters, prescriptions.
- Other records – physiotherapy notes, mental health assessments, or care home records.
How we obtain your medical records
We will ask you to sign a written authority which allows us to request your records from all relevant providers. This could include NHS Trusts, GPs, private hospitals, care homes or dentists.
Your right to see your medical records is protected under the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018. GDPR gives every living person the right to apply to see their own computer and manually held records, and the records must be provided free of charge (subject to certain exceptions). In most cases, providers must supply your records within one month, although complex requests can take longer.
If you are seeking access to the records of someone who has died, the position is different. Rights of access are governed by the Access to Health Records Act 1990, and there is no automatic right to disclosure. An application must usually be made by the personal representative of the deceased’s estate.
How your records will be used
Once we have your medical records, we:
- Build a clear timeline of your care.
- Identify any delays or errors in your treatment.
- Highlight any discrepancies between your instructions and the records.
- Review the records carefully to check that they are complete and that none are missing.
- Support your claim for damages by showing the extent and duration of your injury.
What you can do as a client
You can strengthen your case by:
- Keeping copies of any letters, test results or discharge summaries you are given.
- Writing down a timeline of events as soon as possible, including dates, symptoms, and important conversations.
Medical records are the foundation of any medical negligence claim. They provide the evidence we need to prove your case and secure the compensation you deserve.
If you believe you may have a potential medical negligence claim, please do not hesitate to contact our New Enquiry Team.
