Timely and accurate medical records can decide whether a legal case will be successful. They often provide beneficial evidence that either supports or hinders a party’s claims in the case. These factors will assist in determining whether the timeliness and accuracy of the medical records will either “make or break” a case.
Establishing the Timeline of Accident, Injury or Illness
Timeliness: Medical records produced around the accident, injury, illness, or the onset of symptoms are critical for determining a timeline for the case. If it is claimed that the accident occurred on a job site, but medical records do not reflect any complaints or treatment soon after, this could cause doubt as to the validity of the claims.
Impact on Case: Delays in seeking medical treatment soon after the accident, injury, or illness can call into question the severity of the claims. Conversely, if medical records show that treatment occurred shortly after the accident, injury, or illness, the claim is likely strengthened by demonstrating that the injury was significant and tangible.
Things to Consider:
- Upon receipt of medical records, establish the accident, injury, or illness timeline.
- Identify how quickly the claimant received treatment.
- Request the records that are pertinent to the injury or claim.
Determining Corroborating or Contradicting Testimony
Accuracy: Accurate, well-documented medical records provide a better understanding of the claims. If the medical records show consistent descriptions of symptoms, diagnoses, and treatment, this will help corroborate the claims.
Impact on Case: Discrepancies between the medical records and the claimant’s testimony could lead to credibility issues in the underlying claims. If a claimant reports severe pain or illness, but the medical records do not show the claimant sought or infrequent treatment, this could suggest the claims were not serious.
Things to Consider: When reviewing the records, pay close attention to the frequency and type of treatment. Review the claimant’s testimony and compare that to the frequency of the treatment.
Determining and Demonstrating Causation
Timeliness and Accuracy: In many personal injury and medical malpractice matters, it’s essential to establish that a specific event or action caused the accident, injury, or illness. Medical records that accurately link the injury to the claims in question and document the progression of symptoms after the event are critical for determining and demonstrating causation.
Impact on Case: If the medical records fail to establish a direct connection between the injury and the event, the claims could fail by showing the injury was unrelated.
Things to Consider: When reviewing medical records, it is important to be mindful of the accident, injury, or illness while comparing the progression of the symptoms and the direct correlation of the accident, injury, or illness with the event.
Adhering to Legal Deadlines
Timeliness: Legal cases often have strict deadlines for filing documents and presenting evidence. Timely medical records are necessary to meet these deadlines and to ensure that crucial information is available when needed.
Impact on Case: If a case hinges on specific medical details that are not available or cannot be presented it could result in a weakened or dismissed case.
Things to Consider: Establishing an accident, injury, or illness timeline, reviewing testimony, demonstrating and proving causation, and obtaining the necessary medical records promptly all contribute to whether a case will successfully meet legal deadlines.
Enhance or Undermine Settlement Negotiations
Timeliness and Accuracy: Having timely and accurate medical records can assist in negotiating an equitable disposition in a case. Conversely, if the records are inaccurate, unavailable, or show inconsistent information, it can lead to a lower settlement offer or failure to settle the case altogether.
Impact on Case: Medical records that clearly and promptly document the injury’s severity and long-term effects can create a stronger negotiating position for the claimant. On the other hand, inaccurate or incomplete records can give the defense an upper hand in negotiations, resulting in a lower settlement or an unfavorable resolution.
Things to Consider: To begin a case, think with the end in mind. It is imperative to consider how the accuracy and timeliness of obtaining medical records can impact the negotiation stage of a case.
Building Trust and Credibility
Timeliness and Accuracy: Judges and juries tend to trust medical records because they are objective documents created by healthcare professionals. Timely, accurate records provide a clear, unbiased account of the medical facts and can strengthen a case by building trust in the evidence being presented.
Impact on Case: If the medical records are complete, accurate, and professionally maintained, they lend credibility to the case.
Things to Consider: If medical records are inaccurate, incomplete, unavailable, missing, or poorly maintained, it may raise doubts in the minds of judges, juries, or opposing counsel about the reliability and credibility of the claims.
In summary, timely and accurate medical records can be foundational to the success of legal cases, particularly those involving personal injury, medical malpractice, or workers’ compensation. They provide crucial information, link the accident, injury, or illness to the event to prove causation, demonstrate the severity of the accident, injury, or illness, and help establish the parties’ credibility. Whether supporting a claim or undermining it, the quality and timeliness of medical records can make or break a case by influencing the facts presented, the outcome of the settlement negotiations, and, ultimately, the success or failure of the legal claim.
