When investigating a clinical negligence or personal injury claim, medical record requesting is one of the most important stages of the process. Without complete, accurate medical records, it can be difficult to establish what happened, identify potential breaches in care or assess causation.
While requesting medical records may seem straightforward, delays, incomplete disclosures and records arriving in different formats can quickly slow down a case.
This guide explains the best approach to medical record requesting, common challenges and how legal professionals can make the process more efficient.
Why is medical record requesting so important?
Medical records provide the factual foundation of a clinical negligence claim. They document a patient’s medical history, treatment decisions, investigations, medications and communications between healthcare professionals.
These records are often relied upon to:
- Understand the patient’s treatment journey
- Identify potential breaches in the standard of care
- Establish timelines of events
- Assess causation and quantum
- Support expert witness opinions
The quality and completeness of the records obtained can have a significant impact on the progression of a case.
Who holds the medical records?
Depending on the circumstances of the claim, records may need to be requested from multiple organisations, including:
- NHS Trusts
- GP surgeries
- Private hospitals
- Mental health services
- Ambulance trusts
- Community healthcare providers
- Care homes
- Independent clinics
Many cases require records from several providers, making medical record requesting a complex administrative task.
What is the best way to request medical records?
An effective medical record requesting process typically includes the following steps.
1. Identify every relevant healthcare provider
Before requests are submitted, it’s important to establish every organisation involved in the patient’s care.
Missing a provider can result in gaps in the evidence and further delays later in the case.
2. Obtain the correct authority
Healthcare providers require appropriate patient consent or legal authority before releasing records.
Ensuring documentation is accurate from the outset reduces the likelihood of requests being rejected or delayed.
3. Submit requests promptly
Medical record requesting should begin as early as possible.
Although providers work within statutory timeframes, response times can vary considerably depending on workload, the volume of records requested and the complexity of the case.
Starting early helps prevent unnecessary delays later in the litigation process.
4. Track outstanding requests
Managing multiple requests manually can quickly become challenging.
Tracking which organisations have responded, chasing outstanding requests and monitoring deadlines helps ensure nothing is overlooked.
5. Review records for completeness
Receiving records doesn’t always mean the disclosure is complete.
It’s important to check for:
- Missing date ranges
- Duplicate documents
- Illegible scans
- Missing imaging
- Absent correspondence
- Incorrect patient records
Identifying issues early avoids problems during later stages of the claim.
Common challenges with medical record requesting
Legal professionals frequently encounter challenges such as:
- Multiple healthcare providers involved
- Long response times
- Inconsistent file formats
- Large volumes of documentation
- Duplicate records
- Missing pages
- Difficulty identifying whether disclosure is complete
These issues can create additional administrative work and delay expert review.
How technology can improve medical record requesting
Digital solutions are helping law firms streamline the medical record requesting process.
Rather than relying on spreadsheets, email chains and manual tracking, dedicated platforms can provide greater visibility over every request.
Modern medical record requesting platforms can help firms:
- Track requests from multiple providers
- Monitor progress in one place
- Securely receive records
- Manage disclosure efficiently
- Prepare records for collation and review
This reduces administrative burden while improving visibility throughout the case lifecycle.
What happens after medical record requesting?
Once records have been received, the next step is preparing them for case review.
This often involves:
- Medical record collation
- Sorting and pagination
- Creating medical chronologies
- Identifying missing documentation
- Preparing records for expert witnesses
- Conducting Early Case Assessments (ECAs)
Efficient preparation allows legal teams and clinical experts to review evidence more quickly and make informed decisions earlier in the case.
Frequently Asked Questions
How long does medical record requesting take?
Timeframes vary depending on the healthcare provider and the complexity of the request. Cases involving multiple providers may take longer to complete.
Can medical records be requested from multiple providers at once?
Yes. In many clinical negligence cases, records need to be obtained from several NHS Trusts, GP practices and other healthcare providers simultaneously.
Why are medical records sometimes incomplete?
Records may be missing because not every provider has responded, date ranges have been omitted or certain departments hold records separately. Reviewing disclosures carefully helps identify these gaps.
What happens once medical records have been received?
The records are typically collated, organised and reviewed before being used by legal teams and independent clinical experts to assess the claim.
Improve your medical record requesting process
Efficient medical record requesting lays the foundation for every successful clinical negligence case. The earlier records are obtained, reviewed and prepared, the sooner legal teams can begin building a clear understanding of the evidence.
At MedBrief, we combine medical record requesting, secure digital record management, medical record collation, chronologies and Early Case Assessments through one secure platform, helping legal professionals spend less time managing records and more time progressing their cases.
Learn more about how we speed up the medical record requesting process.