A farmer has been ordered by a High Court judge to provide his medical records to a mart, which he is suing, following an accident at the mart.

James Egan, from Ballymacurly, Co Roscommon, is suing Castlerea Co-operative Livestock Mart for damages arising from an injury he claims he sustained from a bullock on the mart premises on 13 November 2017.

He claims the bullock damaged the shin of his left leg and an x-ray revealed swelling and bruising to it.

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“Although seeking damages from the mart for these injuries, Mr Egan claims that he does not have to provide all his medical records from after the accident (even though these medical records should evidence the injury for which he claims damages).

“Rather he claims that the mart is only entitled to have a copy of the medical report from the consultant, which he proposes to rely upon to support his claim for damages,” Mr Justice Twomey said in his judgement.

The judge said it was “difficult to see why, applying general principles, a plaintiff, who is seeking damages for injuries caused by the defendant, would not be happy to disclose to the defendant all his medical records, which evidence those injuries”.

However, while Mr Egan is willing to disclose his pre-accident medical records, he is refusing to disclose his post-accident medical records, he said.

Counsel for the farmer did not argue that the post-accident medical records are not relevant, but argues that it was “not necessary” to disclose them to the mart.

“This court does not believe that the fact that a plaintiff [the farmer] will provide a defendant [the mart] with a medical report from the consultant he chooses to rely upon for his claim for damages, is sufficient reason for a defendant to be deprived of all the other medical records of the plaintiff,” he said.

Best evidence

The judge said that these medical records “will provide the best evidence regarding the medical condition of the plaintiff after the accident and they will also deal with the key issue in many personal injury cases, ie which of the plaintiff’s complaints are related to the accident and which relate to other medical issues, whether pre-accident or post-accident”.

As a general principle, it seems to this court that post-accident medical records are not only relevant but invariably crucial to every personal injuries claim, he added.

The judge then granted the mart approval to see the post-accident medical records for a period of five months from the date of the accident.