Medical records and disclosure in clinical negligence cases
Produced in partnership with Andrew Ritchie QC of 9 Gough Square
Medical records and disclosure in clinical negligence cases

The following PI & Clinical Negligence guidance note Produced in partnership with Andrew Ritchie QC of 9 Gough Square provides comprehensive and up to date legal information covering:

  • Medical records and disclosure in clinical negligence cases
  • The right to obtain disclosure
  • Medical records
  • Hospital records
  • GP records
  • Ownership of medical records
  • Obtaining medical records outside litigation
  • Evidential status
  • Disclosure
  • Inspection
  • more

Brexit: As of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law including the General Data Protection Regulation, Regulation (EU) 2016/679. For further guidance on that period, its duration and the data protection laws that are anticipated to apply after the end of it, see Practice Note: Brexit—implications for data protection.

The right to obtain disclosure

The fundamental purpose of disclosure is to further the overriding objective by ensuring parties to litigation are on an equal footing.

The meaning of 'documents' is not restricted to paper or writing, but extends to anything on which evidence or information is recorded in a manner intelligible to the senses or capable of being made intelligible by the use of equipment. This includes computer databases, microfilms used to keep records, video and audio tapes and discs.

In clinical negligence claims the most important category of document is likely to be the claimant’s medical records. They will provide the most contemporaneous record of the treatment given to a patient and will, in many cases, be the basis of expert opinion that will determine the outcome of the litigation. An early and objective scrutiny of