How medical records can make or break an injury lawsuit
Almost every guide you come across on the internet will have getting medical attention as the most important step to take after an accident, and there are good reasons for that.
First, getting timely medical attention can save your life. Even life-threatening injuries can fail to present early, so you want to get prompt medical attention to rule them out.
Secondly, medical records are critical evidence and can make or break your case whether you are pursuing a car accident, medical malpractice, or defective product lawsuit.
The role played by medical records
Establishing Causation and Damages
Most personal injury claims are negligence-based, meaning claimants have to prove the four elements of negligence: duty of care, breach of the duty of care, causation, and harm. Medical records play a critical role in determining causation.
For example, if the defendant suffered injuries in a car accident, and their bloodwork showed the presence of alcohol in their system, you can use the records to prove causation.
Medical records are also critical in determining damages. They provide detailed information on treatments received and expenses accrued throughout the process. Medical records include doctor’s notes, bills, receipts for medical bills, prescription medication, and more.
Validating the Extent of Injuries
The severity of injuries is an important consideration in damage valuation. The more severe they are, the higher the value of a claim. However, you cannot claim severe injuries if you do not have medical records to back up your claims.
The doctor’s notes and the treatment procedures employed determine the extent of injuries suffered in the eyes of the court. You will also need medical records to create a prognosis if you file a claim before reaching a maximum medical improvement (MMI).
Challenges with medical records
While medical records are critical in a claim, they can also introduce challenges. Among the most prevalent problems with medical records is incompleteness or inconsistencies.
“The opposing side will go through everything with a fine-tooth comb with only one goal: lowering the value of your claim or rejecting it altogether. Ensure you are thorough when talking to your doctor from day one,” says attorney Russell Berkowitz of Berkowitz Hanna Malpractice & Injury Lawyers.
Medical records can also bring treatment gaps to the defendant’s attention. Treatment gaps occur when a patient fails to follow the prescribed treatment regimen. The opposing side can use treatment gaps to claim you were partly to blame for damages suffered and to lower the value of your case.
Treatment gaps can also occur due to seeking medical attention days after an accident. Ideally, you should visit a doctor within 72 hours of an accident. Anything after 72 hours creates a treatment gap that can negatively affect your claim.
Evidence gathering and organization
You are entitled to your medical records; in most cases, the treating physician will share them directly with you. If this is the case with you, keep them safe or pass every document to your lawyer.
There are situations, however, where medical records may not be as easily accessible. For example, a practitioner you are implicating in a medical malpractice lawsuit may want to withhold some information, in which case you may need your lawyer to help you navigate the process.
Once you have the records in your hands, the next step is to organize them in a manner that makes sense and helps prove your case, and this is where hiring a lawyer becomes critical.
