Dale Appell, P.A.
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The role of medical records in my Tampa auto accident case

Medical records play an important role when pursuing a claim for car accident injuries whether in Tampa, St. Petersburg or any other city in Tampa Bay.  Medical records are used as evidence in the pursuit of reimbursement for medical bills, lost wages and the loss in the quality of your life that results from a Tampa car accident with injuries.  The medical records along with a final report, generally written by your primary medical care provider, will be sent as part of a demand package to an insurance company adjuster. The medical records are examined in detail by the adjuster as part of their evaluation of your claim.

The accuracy and detail of those medical records can play a huge role in whether your case will settle without the need to file a lawsuit. Good quality medical records will substantiate your personal injury claims.  The medical records should trace your symptoms from the onset of the injuries through your medical treatment describing the effect treatment has had upon the injuries you received in you Tampa Bay car accident. They should also show that you have been consistent in your treatment and that you follow the advice of your doctors.  Entries in the medical records that indicate that you refused to comply with your doctors’ advice or that you refused to complete a prescribed round of physical therapy can be used against you.  The insurance adjuster will claim such “evidence” in the medical records as proof that your personal injury claim is worth less than the full amount you otherwise would be entitled to be reimbursed.  In addition, if any of the medical providers fail to document a particular injury or symptom in the medical records and so relate it early on to your Tampa car accident, the adjuster will use that as against you as evidence that something else is to blame for your injury and that the auto accident is not to blame.

If your Tampa car accident lawyer files a lawsuit on your behalf, the medical records will receive even greater scrutiny from the insurance company’s defense attorneys who will request all your medical records through the process of discovery. During discovery, the defendants will have the ability to access all of your medical records.  These medical records will be thoroughly reviewed and insurance company attorney hired to represent the defendants will look for the same types of things that the insurance adjuster was looking for.  Anything that can be used to destroy your credibility as a person who was injured in a Tampa car accident will be used against you by the insurance company attorneys at trial.

Therefore, it is very important that you take seriously the proper documentation of all your medical records during the course of your medical treatments for your injuries that resulted from your Tampa car accident.  You want to make sure that you complete all medical intake forms accurately and thoroughly. You will want to do the best you can to make sure that your medical doctors, nurses and assistants document everything that is discussed and you might consider reviewing your medical records ongoing basis to make sure they are consistent with your understanding of what the doctors have been telling you and what you’ve been saying to them.   You should realize that no matter what the actual truth of the matter, once a medical record is part of your chart, it is virtually impossible to change or explain the record years later without potentially suffering a huge loss in your credibility on the witness stand during a trial.

Whether in the process of negotiating a settlement before a lawsuit is filed or in front of a jury during a trial, medical records take front and center stage in determining the value of your claim. It is important that you have a law firm that understands the importance of medical records and understands how they can be used to either prove your case or may be used against you to diminish the value of your claim for injuries from a Tampa car accident. Our Tampa car accident lawyers have the experience and knowledge to thoroughly review your medical records and our staff will remind you that you should always complete your medical record forms with the idea that a jury is looking over your shoulder. Because there is a possibility that someday a jury will be essentially looking over your shoulder as they scrutinize your medical records.   If you have any questions about your medical records and their importance in your Tampa personal injury claim, please feel free to contact our Tampa law firm and speak to one of our lawyers. We look forward to being of help.

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