Medical Records Affect Your Injury Case


Our personal injury lawyers spend a great deal of time reading through and studying our clients’ medical records.  The medical records regarding your injury, and prior health before the accident, are very important in proving your accident injury claim. Medical records show the doctors’ opinions about the cause and seriousness of your accident injury, and those opinions can influence other doctors and, later, an insurance company or a jury. The HIPAA Act prevents others from getting your medical records without your permission, but you have to turn them over to pursue an injury case.


Medical Records Used in Accident Case MN Injury Lawyer

Every time you go to a doctor’s office or clinic, a medical record/chart is created. Even when you think you are having a casual friendly conversation with your doctor or nurse, they are likely going to include parts of the conversation in their chart notes – and not always completely accurately.

When it comes to an accident injury case, obviously avoid any discussion at the doctor’s office about the amount of money you are hoping to get from your case. But there are many more subtle things to be aware of as well. For example, it is very important to be completely honest with your doctor and the medical staff at all times.

Some people try to help their case by not telling the doctor about a preexisting condition, e.g. prior neck or pack treatment when they have re-injured or worsened their symptoms in a new accident. This is always a bad idea because it may interfere with getting a proper diagnosis and treatment. Also, the truth is always eventually discovered — with the doctor then thinking the patient is a liar and no longer being supportive in the case.


Similarly, many problems from the medical records after an accident can arise in the course of treatment. Two of the worst, and most frequent, problems our top accident lawyers see from clients is when the client exaggerates their symptoms and makes excuses for not following through with the recommended treatment, and when the client doesn’t show up for appointments.

If the doctor’s office thinks you are exaggerating your symptoms or you are not following through on your treatment the way you should, they will write that in the chart note and it will be bad for your case.  (Of course it is just as important not to minimize your symptoms.) Likewise, if you do not show up for an appointment, the doctor’s office will lose the hour they booked for you, they will make less money, other patients are delayed because they could have had your time slot, and the doctor or nurse will be less supportive of your case and what they write in the medical records.


If you have been injured in an accident, please call us and speak with a MN lawyer for a free consultation.  Our injury accident attorneys are very experienced and will help guide you through the legal process and also give you suggestions about how to get the best treatment results with your doctors. Our lawyers do not direct our clients’ medical treatment or recommend specific doctors, but we will guide you on questions to ask and things to consider, and we will encourage you to follow through with treatment and be completely honest with your doctors at all time.