Your medical records will be some of the most important evidence in your personal injury case. They should be detailed, complete, and free from any substantial gaps in treatment that might hurt your case.
Gaps in medical treatment can hurt your chances of making a full and fair recovery from an injury. Gaps can undermine the injury’s severity and the victim’s credibility, and make it harder to prove causation, a mandatory element in any personal injury case. Avoid significant gaps by attending scheduled appointments and immediately rescheduling if you have a legitimate conflict. If there are gaps in your care, our lawyers may be able to explain the reason, such as financial hardship or a family emergency, so that you still get a good settlement.
Agrapidis & Maroules, P.C. can give you a free case review when you call our New Jersey personal injury lawyers at (551) 525-6465.
How Can Gaps in Medical Treatment Hurt Your Injury Case?
Letting gaps in your medical record form can jeopardize your recovery in a personal injury case for several reasons.
Undermine Injury Severity
When personal injury plaintiffs have substantial gaps in their medical treatment, defendants might use that as an opportunity to raise questions about the severity of a victim’s injuries and how necessary medical treatment is.
Undermine Victim Credibility
If you let significant gaps form in your medical record, the opposing side might argue that your missed doctor appointments indicate you are not committed to your physical recovery and that you do not need as much compensation as you claim. This could more broadly undermine your credibility.
Undermine Causation
Gaps in medical treatment can also hurt your personal injury case by undermining efforts to prove causation. To win your case, we must prove that the defendant’s negligent conduct was the direct cause of your injuries.
If you miss doctor appointments, it can be harder to establish ongoing care for a specific injury. Skipping medical appointments can also exacerbate an injury, and a defendant may refuse to cover damages that resulted from the plaintiff’s failure to attend appointments, not only the defendant’s negligence.
Reduce Damages
If the court finds you are responsible for your injury getting worse because you skipped medical care for a substantial period, you may be responsible for the worsened condition. This could lower your overall damages.
How Do Gaps in Medical Treatment Happen in a Personal Injury Case?
Gaps in medical treatment can arise without victims fully realizing it or its potential implications, so having a lawyer by your side to explain the importance of medical care and help you receive it is important.
Missed Appointments/Rescheduling
A gap in your medical treatment for a personal injury might happen if you miss a scheduled doctor’s appointment and fail to reschedule it quickly enough. Or, if you are referred to a specialist but take too long to see them, a large gap in medical care could form that affects your case.
Unavoidable Issues
Small gaps in medical treatment might be unavoidable for some victims because of specific hardships or life circumstances, and our Jersey City, NJ personal injury lawyers can explain why a small gap exists to mitigate its effect on your recovery.
Can You Get a Good Settlement in Your Injury Case with Gaps in Medical Treatment?
Gaps in medical treatment don’t have to form, but if they do, our lawyers can prevent them from unfairly hurting your injury case.
It may be much harder to get a good settlement with substantial or several gaps in your medical treatment. Because you might appear less committed to your recovery or case, the defendant might keep settlement offers low throughout negotiations or decide to take their chances at trial.
It’s still possible to get a good settlement with some small gaps in your medical records, especially if our lawyers have other evidence of your injuries and damages, such as photos and witness testimony.
When Should Gaps in Medical Treatment Not Hurt Your Injury Case?
Sometimes, gaps in medical care are unavoidable for certain personal injury victims and should not negatively impact your case or recovery if the gaps are outside of your control.
Financial Hardship
If you cannot afford doctor visits or insurance co-pays related to your medical treatment, that is typically an understandable reason for gaps in your medical records and may not hurt your case.
Doctor’s Orders
Sometimes, gaps in medical records are intentional and ordered by doctors for a variety of reasons. If a gap in treatment was based on a physician’s orders, we can have that physician testify about the purpose of the delay and the reality of your injuries if your case goes to trial.
Life and Family Emergencies
A death in the family, other family crises, and major life emergencies are often acceptable excuses for gaps forming in your medical treatment after sustaining a personal injury.
Waiting Lists
If a gap in care formed because you had to wait several weeks or longer to be seen by a specific specialist or physician, that should not negatively affect your case, as it is outside of your control.
How Can You Prevent Gaps in Medical Treatment from Hurting Your Injury Case?
Gaps in medical treatment don’t have to form, but, if they do, our lawyers can prevent them from unfairly hurting your injury case.
Attend Appointments
Prevent gaps in your medical records by proactively scheduling and attending doctor appointments. If you cannot attend appointments for any reason, tell our lawyers the reason so we can address it if it arises during your case.
Reschedule Appointments
If you have to miss a scheduled doctor’s appointment related to your personal injury case, reschedule it as soon as possible. Rescheduling appointments shows you remain committed to your health and physical recovery and are not unconcerned about your case.
Keep Careful Records
Keeping careful records that show reasons for cancellations or gaps in medical care, such as being on a waitlist to see a specialist, may help explain and excuse these gaps in treatment and prevent them from hurting your case.
Get the Compensation You Need from Your Injury Case
For help with your case from the Secaucus, NJ personal injury lawyers of Agrapidis & Maroules, P.C., call (551) 525-6465 now.