Ireland—Accessing and disclosing medical records
Produced in partnership with Róisín Haughey BL of The Bar of Ireland
Practice notesIreland—Accessing and disclosing medical records
Produced in partnership with Róisín Haughey BL of The Bar of Ireland
Practice notesThis Practice Note has been updated by Anne Marie O’Mahony BL of The Bar of Ireland.
Personal injury practitioners must have sight of medical reports in order to give a view on liability and to assess quantum. From a defence point of view, sight of medical records is essential in order to defend the proceedings and obtain the view of a medical expert in assessing all available evidence in respect of the personal injury allegedly suffered. In this regard, relevant pre-accident medical history and records will assist the expert in forming his or her opinion and prognosis when preparing the report and will further assist the parties in ascertaining the percentage of liability, if any, to apportion to the incident which is the subject matter of the proceedings. In certain circumstances, post-accident medical records may also be relevant.
Contents of medical records
Medical records consist of notes, letters, charts, x-rays, results of tests and correspondence regarding any treatment that a person has received during his or her lifetime.
Requests for certain records
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