Medical evidence
Medical records in a Dutch injury claim: what are you authorising?
Medical evidence may be necessary, but consent should be understandable and proportionate. Ask what is requested, why and by whom.
Distinguish the roles in the claim
Your treating doctor provides care. A medical adviser may assess records for a party to the claim, while an independent expert may answer agreed questions. An employer, ordinary claims handler and medical adviser do not all have the same role in processing medical information.
Ask who is requesting the records and who will receive the assessment. A request should make its purpose understandable, especially if the form is in Dutch and you are being asked to sign in English.
Read the scope before signing
Check the named healthcare providers, relevant time period and type of information. Ask why older records are needed if the connection is unclear. A targeted request can often address a particular issue more clearly than a broad request for an entire lifetime file.
If a pre-existing condition is relevant, appropriate history may be necessary. Privacy protection is not a reason to hide material facts, but the relevance and extent of disclosure should be explained.
Keep copies and correct factual errors
Retain signed authorisations and correspondence. If a record contains an incorrect accident date or wrong factual description, raise it with the appropriate provider. A disagreement with a professional opinion is different from a factual error and may need another route.
Do not alter original medical documents yourself. Keep any translation alongside the original and state clearly when it is an informal working translation.
Ask before forwarding a complete file
If you receive a request to send all your records to a general inbox, pause to clarify the secure route and intended recipient. Your adviser can help organise relevant evidence while limiting unnecessary circulation.
Read organising an English-language evidence file for practical record keeping. Injury Lawyer can explain how medical evidence supports the legal claim, without replacing the healthcare professional’s assessment or promising that a particular record guarantees compensation.
What to keep or ask for
- The authorisation form and a plain-language explanation.
- Named providers, periods and purpose of each request.
- Copies of records and any correction correspondence.
- Details of who receives and stores medical information.
Questions you may still have
Do I have to give my employer all my medical records?
Do not assume that a workplace claim requires an unrestricted file to be sent to your employer. Clarify the appropriate medical channel and the relevant information with your adviser.
Can I ask why older records are requested?
Yes. Ask for the relevance of the time period and subject matter to be explained. A prior condition may be relevant, but the request should still be proportionate.
Sources and legal context
General information about Dutch personal injury claims. Some source material is in Dutch. Your circumstances may require a different assessment.
This guide explains general principles. It is not a decision on liability or the value of an individual claim.