How Important Are Medical Records In Personal Injury Cases?

Evidence is the cornerstone of a successful outcome when pursuing a personal injury case. There are different types of evidence that can help strengthen any case. One of the most vital types of evidence is medical records.

Why are they so vital, though?

Medical records are essential because they provide a thorough overview of every injury sustained and every treatment received. Also, they offer an insight into the impact of the injury on the victim of the personal injury claim. In this article, we look at the importance of medical records to personal injury claims. Keep reading to find out more.

What Are Medical Records?

Medical records are documents containing information about the medical status of a patient. In personal injury cases, they help the court assess how much damage has been inflicted into the life of a victim. 

“Without medical records, it can be difficult to prove the extent to which a victim’s life has been distorted,” says Attorney Jimmy Fasig of Fasig | Brooks Law Offices. 

This further jeopardizes the compensation to be awarded to a victim, whether in court or out of court.

Why Medical Records Are Crucial

Here are some reasons why medical records are crucial to personal injury cases:

• It helps establish causation

Medical records provide an effective way to prove a direct link between the accident and the injuries of the victim. Furthermore, any claims on the side of the defendant are rendered baseless as it proves that the injuries were not pre-existing.

• It helps support pain and suffering claims

Pain and suffering are two non-economic damages that are much more difficult to quantify. However, with medical records that properly detail the effect and severity of injuries, the case becomes more credible.

• It helps document the extent of injuries

Without medical records, no one will believe how bad the injuries were. While pictures are a good way to document, they can be grisly and difficult to look at. With the documents, one can provide unbiased evidence of damage, ranging from fractures to cuts to brain injuries.

What Medical Records Are Useful in Personal Injury Cases?

There are different types of medical records, all of which carry various levels of importance.

Emergency Room Reports: These are documents requested at the emergency room to determine the direction of treatment. They are usually the first set of medical records for victims. They are done to show what is wrong and what the next step of treatment should be.

Diagnostic Tests: Tests of this nature are used for diagnostic purposes to determine what is wrong and how to combat it. These reports are also used by victims’ relatives to determine objective evidence and understand progress in treatment. Examples are MRIs, X-rays, and CT scans.

GP Records: These are medical reports detailing a victim’s health history before and after the accident. This is a way to establish every new injury and its impact.

Prescription Records: These are documents that record the types and forms of medication prescribed for a victim. Prescription records can also point to the seriousness of an injury or accident.

What Are the Common Challenges Associated With the Creation and Use of Medical Records

Medical records are highly useful in personal injury cases. However, when used, they offer some level of disadvantage and challenges, which are listed below:

Incomplete Medical Records: Suppose a victim does not have a proper medical record or history. In that case, a lawyer might find it difficult to prove that some injuries were not preexisting. This is why medical records are highly recommended, no matter how small the treatment is. It could be the deciding factor that gets a victim the compensation they deserve long after the required documentation.

Privacy Concerns: Many medical records contain confidential information that can be used in any form against a victim. Sharing records of this nature can be considered gross misconduct. It is recommended that only medical records relating to the case be shared to reduce the risk of abuse.

Conclusion

Medical documents are essential to a successful personal injury lawsuit. With them, a case has a possibility of succeeding. However, legal knowledge is still required so medical records can be properly utilized in a court. Ensure you have a lawyer who has experience with handling medical records in cases, and your case is in good hands.