This is a loaded question.
Medical records are used by plaintiff lawyers to help substantiate injury and the bills that go with them are used as evidence in trials of such cases. Obviously, from the injured person’s lawyer’s perspective, the medical records are going to tie together with the testimony of the injured person to document the damages portion of a case. However, in some instances, this is going to help to putting together other portions of a cases, like liability and causation. For example, the plaintiff’s lawyer may use the medical records or testimony of a doctor to describe how the accident happened and further that this particular accident is the cause of the injuries alleged. A common part of an initial consultation with a doctor will have some part about how the accident happened and about prior medical history. All of these things are used to prove the case.
On the other hand, the medical records can be used by the insurance companies or their lawyers in a court setting as well. If the medical records make no reference to the accident, that could be a problem. If the medical records show significant improvement by the injured person meanwhile they are claiming in deposition that their injury was getting worse during a certain time period, these sorts of discrepancies can be used against the injured person in court. There are sometimes clerical or typographical errors in medical records and these things, if properly blown up by the defense, could cause significant damage to a case.
In summary, medical records are used by both sides of a case. The more accurate they are as to the injury and the more accurate they are in relation to the other evidence, make them support the plaintiff (injured person) case. Conversely, if they are inaccurate or differ from evidence, then they can be used to support the defense.
If you have been in a car accident or any other type of accident, please call Drucker Law Offices at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) 561-265-1976 Boynton Beach satellite office) or 561-967-3840 (Lake Worth satellite office) or 305-981-1561 (Miami satellite office) for a free consultation. The law firm only charges fees and costs if it recovers money for you. Personal Injury deserves personal attention, so please call today for a free consultation!
Every case is different and unique and should be judged based on its specific facts. The legal discussion in this blog is intended to be general and should not to be construed as specific advice for a case or more importantly for your case. The goal of the blog is to give some information about a topic and to have you call the law firm for specific advise, if we were to take your case. A minor difference in the facts of the case in a fact pattern such as above could completely change the result. Also, this blog is, as the web site suggests, based on the laws of Florida and the laws of any other states or country could vary drastically from Florida.
