In Pennsylvania, like everywhere else, the success of every personal injury lawsuit is dependent on the quality of the evidence presented. Several ways exist to prove a personal injury claim; a notable option is to reference medical records related to the injury suffered.
Considering the importance of medical records to personal injury cases in Pennsylvania, this article details everything you should know about medical records, including possible challenges.
Contents
The Roles
Medical records are a notable source of evidence, and when properly presented, they can do a lot of good for personal injury cases. The court understands the type of injury suffered and how much it affects the victim. Detailed records also provide the court with the prognosis and possible treatment.
In addition, these records also help the court know how the injuries can affect the victim’s work-life and other living conditions, which are considered when awarding compensation. To give this a better perspective, let us examine some vital roles medical records play in personal injury lawsuits instituted in Pennsylvania.
Establish Possible Causes and Extent of Damage.
One essential role medical records play is establishing causation—a vital component needed to institute an action. Then, they help determine the extent of damage, especially when the records are provided by an expert.
When seeking damages, the amount spent on treatment is always considered, and this is another instance where medical records are essential. By checking the relevant documents, the victim can provide a detailed breakdown of how much has been spent on medical interventions.
Corroborates Plaintiff’s Testimony on the Severity of Injuries Suffered
As important as the victim’s statement is in a personal injury case, it must be substantiated to carry weight. A great way to corroborate the victim’s testimony is to present detailed medical records alongside the testimony. These records provide an expert analysis of the incident, injury, and possible treatment plan.
In several cases, the victim has made claims regarding their prognosis and treatment because they want to get a certain amount of compensation. To prevent a wrong decision, the court is always careful not to base its final decisions only on the victim’s testimony. To have a solid case and get the economic and non-economic damages that you want, it is best to have detailed medical records when approaching the court.
What Are Possible Challenges You May Experience With Medical Records?
As much as medical records are instrumental to the overall success of personal injury cases, they are not without their challenges. The physician’s expertise in preparing the said medical document is a significant challenge. Usually, the defense legal team tries to discredit the physician who prepared the document to convince the court to do away with the records presented.
Another challenge is the possibility of bias when the physician has an interest in the case. This can happen when the physician is a relative of the victim or has some financial incentive or arrangement with the plaintiff. “To be safe when presenting medical records, it is best that the plaintiff, through their legal representative, carries out due diligence on the medical record and the physician,” says Attorney Rich Godshall of Ostroff Godshall Injury and Accident Lawyers.
Conclusion
When instituting an injury lawsuit in Pennsylvania, the plaintiff needs to have quality evidence, and an excellent way to do that is to present detailed medical records. You do not have to talk much with a comprehensive medical record from an expert and neutral physician, as the document will speak for itself.
