What You Say to Your Doctors After an Accident or a Slip and Fall Is Important

After any accident (or a slip and fall), it is important that you tell all of your doctors about any injuries you sustained and relate it to the accident that caused your injuries.  Why?  Because if you end up filing a lawsuit against the responsible party or parties, then the defense will subpoena your medical records, regardless of the reason, and if you fail to mention your injuries or the accident, the defense will use it to attack your credibility.
Take this simple example: on Monday, you visit your primary care doctor for a physical.  Your doctor wants to check your cholesterol.  So, the lab draws your blood and you set a follow up appointment for Thursday with your doctor to discuss the results of your test.  On Tuesday, you get into an accident, injuring your neck (whiplash) and your back.
When you visit your primary care doctor on Thursday to discuss your lab results, it is very important that you mention your neck pain, your back pain and the accident, especially if you are asked to fill out an intake sheet.  Why?  Because the records from your primary care doctor will be subpoenaed by the defense if you file a lawsuit as a result of the accident or slip and fall.
What about your privacy?  Because of the lawsuit, the defense will generally be allowed to seek any medical records that are in close proximity of the accident to determine if you complained of any injuries.  So, even though you are not visiting your primary care doctor for the accident, these records may be fair game to the defense who will attack your credibility if you fail to mention your injuries and the accident.
There are instances where your privacy may allow you to prevent the defense from seeking such medical records.  However, these instances are rare and you should seek the advice of an attorney to determine whether you have grounds to prevent the production of such documents.
This article is brought to you by Attorney Mason Rashtian of The Mason Law Firm.  This article is only for informational purposes and not meant to serve as legal advice.”
For more information, please call The Mason Law Firm, 27240 Turnberry Lane, Suite 200 in Valencia at 661-362-0805 or email mr.law@scvlawcenter.com.