Going Dutch?

Going Dutch?

I have an ongoing claim which is being dealt with by solicitors. I’ve been left with severe pain in my lower back as a result of an accident, and it stops me working. I’ve been for my medical appointment, and the defendant’s insurers are now asking for access to my medical records, but there are some things I really don’t want anyone to find out about.

I contracted an STD on a stag night in Amsterdam, and I really don’t want my wife to find out about this, not least because I was married to her at the time, and I would like to stay married to her. I was treated, but will this appear on my medical records?

Secondly, I told my surgeon I never had back problems, but I had problems with my lower back as a kid, which was put down to growing pains. I’ve had no trouble with my back as an adult; I’m 38.

Have I damaged my case by not mentioning the ‘growing pains’ and can I keep my Amsterdam history off the records?

Name and address withheld

Answer

You only have to reveal relevant medical records, and clearly the STD is not relevant to your back problems. Your solicitors should write to the defendant’s insurers, saying, “There are parts of my client’s medical records which are not relevant, and are highly confidential. We do not propose to reveal these, without a court order.” Then offer to have the withheld medical records looked at by a judge. I have no doubt that the judge will find that the medical records relating to your STD are wholly irrelevant.

You do have more of a problem with your back pains. You would have been better off mentioning it to your surgeon, because he could have dealt with it in his medical report, but your solicitors really should have ensured that your surgeon saw you with all the medical records to hand. As your solicitors seem perfectly

competent, then Iam sure that they will have done this.

No doubt, your surgeon will then mention in his report that, “This man had problems as a youth with growing pains but has had no problems as an adult,” and that should be the end of the matter.

You’ll keep your Dutch indiscretions private, and the problems with your back are not of huge consequence. Good luck”

Andrew Dalton

Fast Bikes

Posted by Andrew Dalton. Last modified: March 26, 2018 at 11:22 am

Andrew Dalton is a highly experienced trial lawyer who delights in taking on difficult and demanding motorcycle cases. He has a tough and relentless litigation style and is utterly focused on getting the best possible outcomes for his clients.

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