Been injured in an accident and wondering what medical records have to do with your case?
Medical records are the foundation of every successful personal injury claim. Without them your case is dead in the water. And here’s the thing…
Most people don’t realize how important these documents are.
Think about it. How are you going to prove you were hurt if you don’t have the medical evidence to support it? You can’t. That’s where medical records come in to save the day.
Here’s what you’ll discover:
- What Are Medical Records In Legal Claims?
- Why Does Medical Documentation Make Or Break Cases?
- How Do Medical Records Establish Claims?
- What Types Of Health Records Matter Most?
What are medical records in legal claims?
Medical records are your medical history documented by medical professionals.
They are a complete accounting of everything that occurred with your body from the moment of the accident and onward. Every single visit to a doctor, nurse, or health professional is documented. Every test you undergo, every procedure performed, every treatment received.
The beauty is that they’re objective proof that can’t be disputed.
An experienced personal injury lawyer in Louisiana reviews every aspect of a case, but they know one thing for sure: if you don’t have complete medical documentation, you have no case. Without health records to prove the extent of your injuries and the medical bills you’ve accumulated, your story against the insurance company’s version is just he said, she said.
So how do they tell the difference?
Medical records. Health records are the undisputed timeline and supporting evidence that insurance adjusters need to make a fair assessment of your claim.
Why does medical documentation make or break cases?
Do you want to know the difference between winning and losing your personal injury claim?
It’s all in your medical records.
Properly organized medical documentation:
- Proves causation
- Establishes the severity of your injuries
- Supports the damages you’re claiming
- Defeats arguments the insurance company will bring to the table
Without it, insurance companies have a field day. They’ll argue your injuries existed before the accident. They’ll tell you you’re faking or exaggerating your pain.
But with the right medical documentation?
All of those accusations fall flat. Your medical records create an unbreakable chain of evidence from the moment of injury through treatment.
The time factor
This is something people don’t think about until it’s too late…
The timing of your medical visits is everything.
If you delay going to the doctor after an accident, you can be sure the insurance company will use that gap against you. Your injuries must have not been serious if you waited a week to get checked out.
That’s why smart accident victims go to the doctor right away. Even if they feel fine after the incident.
How do medical records establish claims?
Medical records are kind of like building blocks for your claim.
One medical record by itself might not do much. But take an emergency room visit, add diagnostic imaging that proves an injury, throw in medical notes from your doctor outlining your pain and prescribed treatment, add treatment plans and physical therapy records. Suddenly you have an iron-clad case that’s impossible for the insurance company to dispute.
Your records need to build on each other. Every document you can present must be consistent with the documents that came before and after. If your MRI scan shows a torn meniscus, but your medical notes say you refused pain medication, that’s a problem.
Smart injury victims keep detailed notes and records of:
- Dates and times of doctor visits
- Treatments received
- Medications
- Limitations caused by their injuries
This creates a complete medical picture that’s nearly impossible to dispute.
What types of health records matter most?
Not all medical records are created equal.
Some records carry more weight than others:
Emergency room records are gold because there’s no question about the timing or causation. You went to the hospital because of the accident. Period.
Diagnostic testing like X-rays, CT scans, MRIs and the like provide objective visual evidence of an injury. Broken bones, torn ligaments and other physical trauma show up pretty clearly on X-rays.
Specialist reports are also very valuable. An expert opinion from a back surgeon carries more weight than your family doctor.
But beware:
Some types of medical records can actually hurt your case. Anything that shows you missed an appointment or didn’t take medication might be used by insurance companies to argue your injuries aren’t that bad.
That’s why you need a professional who knows how to read and present medical records strategically.
Common medical record mistakes that can destroy cases
If you ask me, the number one thing that ruins more personal injury cases than anything else is…
Medical record management.
The biggest mistakes people make are:
- Waiting too long to seek medical attention: This creates gaps that insurance companies will pounce on.
- Missing follow-up visits: Missing scheduled appointments makes your injuries look not serious.
- Skipping prescribed treatment: If your doctor orders physical therapy and you don’t do it, your damage claims are hurt.
- Not reporting symptoms: If you don’t tell your doctor about a pain, it won’t be in your records.
All of these medical record mistakes create holes in your documentation that insurance companies will use to attack your case.
How to get records and work with your providers
Here’s a little-known secret…
Obtaining your own medical records can be easier said than done.
HIPPA laws give patients certain rights to their own medical information, but you’ll still need to fill out authorization forms with each healthcare provider you visited. It can take 2-4 weeks for a simple request.
Pro tip: Start requesting your records ASAP after your accident.
Accident victims who know what they’re doing also know how to work with their medical providers. Tell your doctors and nurses everything. Be honest about pain, be truthful about limitations. Don’t be a hero and try to play down symptoms or injuries.
Follow treatment plans to the letter. Don’t skip appointments and leave unexplained gaps in your medical timeline.
How medical records determine your compensation
This is where medical records really earn their keep…
They directly determine how much money you can recover.
Your health records document every cent you’ve spent on medical treatment. Hospital bills, doctor visits, prescription medication and the like all add up.
Well-organized medical records can also support your claims for future medical expenses. If your doctor testifies that you’ll require ongoing treatment, those records can be used to justify those costs.
The real money often lies in documenting:
- Permanent disabilities or limitations
- Chronic pain that impacts your quality of life
- Lost earning capacity from your injuries
- Need for long-term care
Without medical records to back up these damage claims, you’ll leave money on the table.
Keep in mind, only 3-4% of personal injury cases actually make it to trial. Most are settled out of court entirely on the strength of your medical records.
How to get professional help with medical records
If you ask me, managing medical records for a personal injury case is a complicated task.
Most people are surprised that medical records can consist of hundreds of pages of very technical medical terminology.
That’s why experienced legal teams use medical record review specialists who focus on organizing and interpreting health records for legal cases.
These folks know how to extract the key information, organize the documents, and flag potential inconsistencies that could hurt a case.
The bottom line?
Don’t try to do this yourself. Medical records are too important to leave to chance.
Final thoughts
Medical records are the absolute foundation of your entire personal injury case.
If you don’t have the medical documentation to prove you were hurt and how much treatment you needed, your case falls apart.
You can’t:
- Prove your injuries were real
- Show the accident caused your injuries
- Justify the compensation you’re seeking
- Defeat arguments the insurance company will make
Here’s what you need to keep in mind:
- Seek immediate medical attention after any accident
- Follow treatment plans as prescribed
- Document every medical visit
- Request copies of your records as soon as possible
- Work with experienced legal professionals
Your health records are your story. Make sure they tell the right story.
