Your Health Records and Medical Negligence Claims

In a previous post, we explained documentary discovery in a lawsuit, and how every party to the action must disclose every document or record in their possession or control that may be relevant to the proceedings.

Documentary disclosure and medical negligence claims

In any personal injury claim, one of the central issues is what injuries to the plaintiff were caused by the defendant’s alleged medical negligence. This means that any medical records or other documents relating to the plaintiff’s health may be relevant.

All of these documents will be shared with every other party. This allows the other side to have a full and fair understanding of the case against them, and the evidence available to support it. Sharing these documents early in the claim encourages fair settlement, since every party can see what facts and information the other side will be relying upon at trial.

What types of medical documents will be included?

At a minimum, plaintiffs will need to disclose the records of their family doctor going back at least three years before the accident, as well as the treatment notes and records for any other doctor that provided clinical treatment or advice relating to the plaintiff’s condition. If a claim goes to trial, your doctor(s) may be called as witnesses to explain or discuss the contents of their notes and records.

Your lawyer will also obtain copies of hospital records, and a complete summary from the Ontario Health Insurance Plan (OHIP). This summary details every instance that your OHIP card was recorded and the service provided.

If you saw any other treatment providers, including physiotherapists, massage therapists, psychologists, or other professionals that provided treatment relating to your injuries, these records are also relevant and must be provided.

Greater Toronto personal injury lawyers advising victims of medical negligence

Medical negligence claims almost always involve a large number of documents, including very personal information contained in your medical records. An experienced medical malpractice lawyer will carefully review your documents and ensure that only relevant and necessary information is disclosed.

At Derfel Injury Law, our lawyers represent the victims of medical malpractice, dental malpractice and other types of professional negligence. We have handle complicated medical matters, and will work diligently to recover the compensation that our clients deserve. To make an appointment with a member of our team, contact us online or call 416-847-3580.