The Law Society Library gives details of sources for access to medical records

The Law Society Library maintains a database of enquiries called Common Queries. These include results from research to find forms, precedents, rules, regulations and guidance. These records can be accessed via the library catalogue and copies supplied via Lawdocs, our document supply service.

Access to medical records

The Law Society, Association of Personal Injury Lawyers, Association of British Insurers and the health sector have agreed that there is a rebuttable presumption that no patient records will be requested for claims below £10,000. This is best practice guidance and does not amend the personal injury pre-action protocol.

Access to the medical records of deceased persons is governed by the Access to Health Records Act 1990, s.3, rather than the Data Protection Act 1998.

The Law Society’s Civil Litigation Committee has produced templates for letters of notification, claim and response, to be used by solicitors who need to access hospital medical records when court proceedings are contemplated. These are available on the Ministry of Justice’s website as part of the Civil Procedure Rules in the Pre-Action Protocol for the Resolution of Clinical Disputes.

A consent form for access to medical records can also be found on the Access to Health Records booklet on the British Medical Association website.

Commentary can be found in the following resources

Glynn, APIL Guide to Evidence, (2011)

  • Chapter 4 has information on the procedure for obtaining medical records

Kemp & Kemp. Personal Injury Law Practice and Procedure (looseleaf)

  • Chapter 21, Appendix 3 has a list of abbreviations commonly used in medical records

Last updated: November 2021

For further help and enquiries, contact the Law Society Library on 020 7320 5946 or email library@lawsociety.org.uk. 

This FAQ is compiled by the Law Society Library. Comments relating to the questions should be sent to library@lawsociety.org.uk.

While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.