Here’s What The Other Side Is Really Looking For In Your Medical Records

If you file a personal injury claim or lawsuit, it should come as no surprise that the Defendant is going to ask for your medical records. By filing the lawsuit, you have claimed an injury, and the other side does have a right to look at your medical records which document that injury.

What Are They Looking For?

But when you give your medical records to the other side–and often, you have to give them your records–what are they really looking for?

Clearly, they’re not just giving your records a quick look and saying “yes, she’s injured, let’s offer to settle.” Rather, they’re probably looking to find other things hidden in your medical records that could hurt your case, and help theirs–things that you may not even be aware that they are looking for.

Accident Explanations – One thing they could be looking for is to see your explanation of how the accident happened. When you go to a doctor after an accident, your doctors will often ask (or you will tell them), how an accident happened.

But if you give different versions of the accident–or worse, give a version of the accident that is more in line with the Defendant’s explanation of what happened, instead of your version of how the accident happened–it can be very damaging to your case.

Gaps and Omissions – Sometimes, the other side is looking for what is not in your medical records.

For example, is there a very long gap in treatments, indicating that maybe you’re not as injured as you say you are?

Did you tell your doctors all of the injuries that are a part of your case? If you injured your head, back and shoulder in an accident, but complaints about or treatment for your shoulder appear nowhere in any medical record, it can seriously undermine your claim of injury.

Not Following Doctor’s Orders – What also might be missing, is treatment-even if you visited the doctor. If the doctor suggested therapy, or a test, or a procedure, and your records don’t show that you did in fact get that treatment, it can look bad for your case.

Improvements in Condition – Medical improvements in most cases should be expected–that doesn’t mean you’ll recover back to your pre-accident self, but it’s normal with time and treatment, for some of your injuries, to get better.

If you improve a lot, the other side will say that you are “just fine,” and have not suffered any kind of permanent or debilitating injury.

If you don’t improve much at all, the other side will say that you are faking it, or else that you are getting unnecessary or ineffective medical treatment.

Either way, they will find a way to use improvement in your medical condition, or lack of it, against you.

Don’t let them use your medical records against you. Contact our Rhode Island personal injury lawyers at Robert E. Craven & Associates.