From practice · Our own case · Medical information and evidence
The opposing party cannot simply demand immediate disclosure of your GP records and an entire criminal case file. In a personal injury case handled by Onur Arslan, the Rotterdam court rejected those requests. The request for GP records was premature at that stage. This was not a general prohibition on disclosing medical information: the court ruled on specific requests within ongoing proceedings.
The decision of 17 April 2026
In the main proceedings, an agricultural contracting business was being held responsible for loss arising from an accident. In an ancillary application, the opposing party requested further details of the circumstances, additions concerning the defences described, the criminal case file and GP information. The client did not have the complete criminal file. The court saw no reason to doubt that explanation. It considered the GP records premature: liability and the plausibility of damage first had to be assessed. Emergency department information had already been provided.
The opposing party was ordered to pay €216 in costs of the ancillary application. The main proceedings continued. Liability had therefore not yet been established and no personal injury compensation was awarded. The original text is available in LSA Letselschade Magazine: Rotterdam court, 17 April 2026, case 12039234 CV EXPL 26-74. No ECLI has been established for this publication.
Why the stage of proceedings matters
Personal injury proceedings can involve several questions. Who is liable? Is damage plausible? Which symptoms were caused by the accident? How much is the loss? These questions are connected, but they do not necessarily have to be decided at the same time.
A request for information must therefore be assessed against the question currently before the court. A medical document’s possible relevance at a later stage does not automatically require immediate disclosure. Equally, postponing disclosure does not permanently rule out medical issues. This decision also left open whether the medical information already available would be sufficient for the main proceedings.
Not having a file is different from withholding it
When documents are requested, it matters which documents a person actually holds or can obtain. Someone involved in a criminal case does not necessarily have every document from those proceedings. Explain which documents are available, which are missing and your position in the criminal proceedings.
This is not an invitation to make information disappear or give an incomplete account. A verifiable explanation of what is and is not available is important. The requested documents and the legal basis for requesting them should be assessed separately.
How should a request for medical information be assessed?
Start with its purpose. Ask which specific disputed issue the other party wants to examine and what period is relevant. A broad request for all medical information calls for a different assessment from a focused question about a particular treatment.
Review what has already been disclosed. List existing medical documents and previous answers. This helps determine whether the request adds anything or repeats information already supplied.
Do not automatically choose between sharing everything and refusing everything. The appropriate response depends on the file, the stage of proceedings and the scope of the request. Coordinate disclosure of sensitive medical information with your lawyer and, where appropriate, the medical adviser. Do not send a full GP record through a general contact form without agreeing necessity and a secure transfer method.
Frequently asked questions
Did this decision establish the employer’s liability?
No. It concerned information requests in an ancillary application. The main proceedings continued. The costs order was not a personal injury award.
Can the other party never request my GP records?
That does not follow from this decision. The request was premature at that stage. A later or more narrowly defined request may require a separate assessment.
Can I rely on this decision to refuse every information request?
No. First establish what is being requested, why and on what legal basis. The circumstances of your own case matter.
Help with a disputed request for evidence
Arslan Advocaten assesses requests for information in personal injury proceedings, including workplace accident cases. Related background in Dutch is available on our personal injury and workplace accident pages. Through our contact page, explain the request and any response deadline.
Source and scope: Rotterdam court, 17 April 2026, case 12039234 CV EXPL 26-74, paragraphs 2.2–2.6 and the operative part. The published text identifies Onur Arslan as the representative and contributor. No later ruling in the main proceedings has been established for this article. The illustration is symbolic.
