Avoid common mistakes people make when dealing with doctors after an injury. Learn how to communicate effectively, seek proper treatment, and protect your legal rights.
In a personal injury claim it is your responsibility to prove that you were injured as a result of a particular incident. We often see medical records that lack information to justify complaints of injury and disability. Many times, the reason is lack of communication, “know how”, or embarrassment. There is nothing more devastating to an injured victim then to tell them, when they come to see us, that we cannot help them because there is no record or information documenting the injury and disability beyond a certain time frame.
By D. Jared Brown of CBLAW posted in Dealing with Doctors on Friday, August 3, 2012.
In a personal injury claim it is your responsibility to prove that you were injured as a result of a particular incident. We often see medical records that lack information to justify complaints of injury and disability. Many times, the reason is lack of communication, “know how”, or embarrassment. There is nothing more devastating to an injured victim then to tell them, when they come to see us, that we cannot help them because there is no record or information documenting the injury and disability beyond a certain time frame.
Here are some helpful suggestions to remember when dealing with doctors:
1. Failing to seek immediate medical attention after an accident or injury
Don’t ignore signs of pain, even small ones. Minor injuries can always get worse. You want your doctor to document you complaints and to properly investigate them. Get in to see your doctor as soon as you can. If you are hospitalized as a result of an injury you sustained, make sure that when you are discharged that you give your doctor has a complete history of your injury, where you were admitted and what current problems are. If your doctor office is closed and you need immediate attention, go to an urgent-care centre or a walk-in clinic.
2. Missing Medical Appointments
Your medical records provide the date, and reason for your appointment. When you skip a medical appointment, your record just says “DNS”, which means “did not show”. Gaps in medical records or documented missed appointments are often interpreted mean that you were not committed to getting better or that the injury was not serious enough for you to go see your doctor on a regular basis. In personal injury or disability cases, the medical records are reviewed and used to prove your case. Where there are several missed appointments or large gaps between visits, the impression often is that you were not hurt or in much pain as you claim.
3. Failing to get your Pain Accurately Documented in Medical Records
Medical professional, Lawyers, Insurance Companies and juries may not believe that you are in pain just because you say so. They need to read about your pain in your medical records. When your records are being reviewed, information such how soon you reported pain after an injury and how long you continued to report that pain is important. Regular attendances will effectively allow your doctor to properly document your injuries and disability. During the course of a personal injury claim you will see a number of doctors, or health care providers. It’s important that you accurately describe your pain and disability.
4. Failing to inform Your Doctor if Your Injury is Affecting Your Ability to Work or Participate in Regular Activities
If your injury is affecting your ability to work, or participate in a regular or frequent activity, it is important to mention such a problem to your doctor. Work problems, restrictions performing daily activities such as housekeeping or sports caused by an injury may be treatable and they should be noted in your medical records. If the doctor is not made aware of the problems or restrictions you are having, a recommendation for therapy or to see a specialist cannot be made, and a record of it will not exist.
5. Failing to Take Medications as Prescribed
Doctors prescribe a particular type of medication for a particular time period for a reason. You should follow your doctor’s recommendation until your doctor tells you something different. If taking a certain medication causes your stomach to hurt, say so; side effects are not uncommon. Your doctor can usually switch you to another drug. Purchasing your medication from the same place will ensure that there is a complete record of all the medication prescribed.
6. Stopping Medical Treatment Too Soon
As a general perception, if a person stops seeking medical treatment for an injury, the injury must be healed. If you have an injury that is affecting your ability to function, you should seek medical treatment until you are healed or until a doctor tells you that there is nothing more that can be done to improve your condition. If you are still suffering ask your doctor to refer you to a specialist.
7. Failing to Keep a File
In all personal injury claims, it’s important for a lawyer knows every medical care provider that you have see after an injury. It is also important that you keep track of all doctor seen, and treatments that you have attended. Keeping a diary or a list of health care providers seen will ensure that you can provide all necessary information to your lawyer at the appropriate time.
Injuries can occur in seconds and the effects can last a life time. Having the right medical, rehabilitation and legal team will help reduce anxiety and smooth the road to recovery. The trauma lawyers at CAPRARA BARRISTERS take numerous lawsuits to trial involving spinal cord injuries and other personal injury cases. If you would like to learn more, feel free to call us and speak to a member of our trauma trial lawyers.
Joseph G. Caprara