What you Say to your Doctors after an Accident or a Slip and Fall is Important
After an accident or a slip and fall, it is important that you tell all of your doctors about all the injuries you suffered in the incident. Why is it important? If you end up filing a lawsuit against the responsible party, then the defense will subpoena all of your medical records, and if you fail to mention your injuries, they will attack your case.
Here is an example: on Wednesday, you visit your primary care doctor for a physical. Your doctor orders some lab work. So, the lab draws your blood and you set a follow up appointment for Monday with your doctor to discuss the results. Over the weekend, you get into an accident, injuring your neck and back.
Records from your primary care doctor will be subpoenaed by the defense because the defense wants to find out if you complained of neck and back pain after your accident. So, when you visit your primary care doctor on Monday to discuss your lab results, it is vital that you mention your injuries, i.e. your neck pain, back pain and the accident, especially if you are asked to fill out an intake sheet.
What about your privacy? Because of the lawsuit, the defense is generally allowed to seek any medical records that are in close proximity of the accident to determine if you complained of 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 at 661-476-5678 or email mason@mrscvlaw.com.
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