Information contained in medical records plays a crucial role in making or breaking a personal injury claim. Medical records are used in personal injury claims to establish the facts of an injury and the extent of damage from the injury. Medical records also help establish how an injury occurred.
In personal injury claims, both the party making the claim and the party defending the claim want to use information found in medical records to support their respective positions. Legally, medical records are given a special kind of heightened believability, so their contents are considered very important in the search for truth.
Knowing how to use medical records to prove injuries and damages is a skill developed from years of personal injury litigation experience. The strategic use of medical records in personal injury claims is how the attorneys at Houston-based Farah Law have been successfully recovering compensation for injured clients for more than 40 years.
Why Medical Records are So Important for Personal Injury Claims
Texas law gives individuals who have been wrongfully injured the right to be compensated for their losses by the party responsible. However, before being entitled to receive compensation, the injured party is required to prove with legal sufficiency that the accused person’s actions caused the injuries claimed and that those injuries are responsible for the resulting damage.
Medical records typically serve as credible evidence to support or refute injury claims. An injured person's statements to a doctor about their injuries, along with the physician's evaluation, diagnosis, and treatment, can prove the injury and its resulting damage.
The accused opponent is allowed to review medical records pertaining to the injuries being claimed and may use information in the records to challenge the nature or extent of the injuries. Because of privacy laws, the injured party must give permission for healthcare providers to release their records.
- The scope of the permission given should be as narrow as possible. The opponent is not entitled to see medical records that do not pertain to the claimed injuries.
How Medical Records are Used to Prove a Claimed Injury
Prompt medical attention after events like car accidents, where injuries are possible, is crucial for creating a link between the incident and any claimed injuries. Medical records documenting injuries closer in time to the event strengthen the likelihood that the event caused those injuries.
Medical records document a patient's account of events, current symptoms, and relevant medical background. They also contain the healthcare provider's observations, concerns, diagnoses, and suggested treatments. This comprehensive information serves as evidence linking a specific incident to particular injuries and illustrating the extent of those injuries.
How Medical Records are Used to Prove the Extent of Damage from an Injury
A personal injury claimant must prove that they experienced compensable damage as a result of their injuries. Medical records reflect medical treatment received. The cost of medical treatment is a type of economic damage that can be recovered. Medical records are also used to show the severity of injuries and to predict any future medical needs. The cost of future medical treatment can be compensated.
Medical records can also be used to support claims for non-economic damages. Non-economic damages compensate for pain, for inconvenience, for impaired function, and for loss of the ability to enjoy life. Statements made during medical appointments regarding the impact of injuries on a patient, along with the medical providers' reactions, can serve as evidence for non-economic damages.
When Information in Medical Records Can Oppose a Personal Injury Claim
When patients talk with healthcare providers they are often not thinking about the potential legal consequences of the information they are providing. The party opposing a personal injury claim will comb through the injured party’s medical records looking for opportunities to discredit the claim.
Some of the more common ways medical records can be used against the party claiming injury include:
- Challenging the severity of the injury – the damage is not as extensive as claimed, or at least the medical evidence may not prove sufficient enough
- Challenging the need for the type or continuation of treatment – the treatment is not effective or necessary, at least when looking at the medical records related to the incident
- Challenging the cause of the injury – the injury is due to pre-existing conditions or an intervening event, however, please note that pre-existing injuries should not prevent the recovery of compensation for a current injury
- Challenging claim credibility – showing inconsistencies between medical records and other information from medical experts
What Happens When Medical Records Reveal Pre-Existing Conditions
A pre-existing condition is any health issue that was present before the event causing the currently complained-of injuries. Pre-existing conditions are primarily an issue when the recent event has reinjured or aggravated a previous injury.
Pre-existing conditions do not eliminate the right to recover damages for the new injuries, but the old condition must be distinguished from the new condition to establish the extent of the new damage and determine the appropriate compensation.
Injured claimants with pre-existing conditions need to be completely transparent about the previous injury or condition with medical providers. If a pre-existing condition is discovered that has not been disclosed it can destroy the credibility of the claimant and severely prejudice an injury claim. If you’re in the early stages of an injury claim, or think you may have a claim against another party, speak to a skilled personal injury lawyer as soon as you can to ensure the correct steps get taken to bolster your claim.
Using Medical Records to Your Advantage in a Personal Injury Claim
The more complete and detailed a claimant’s medical records are, the easier it is to prove the elements necessary to secure the best possible outcome for the injuries suffered. Claimants who understand the importance of medical records for proving their claim can be more intentional when visiting medical providers and are more aware of how to protect their interests.
If you are seeking medical treatment for a personal injury caused by someone’s wrongful act, consult the experienced litigators at Farah Law for advice on how to ensure your medical records contain a complete and accurate representation of your injuries and the resulting losses you have experienced.
