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The Effects of Lacking Medical Records on Results for Personal Injuries

Posted by Bautista Leroy | Apr 24, 2021 | 0 Comments

effects of lacking medical records

The accuracy and completeness of medical records are crucial in accident law and personal injury claims outcomes. Incomplete or missing records can hinder a plaintiff's ability to demonstrate their case and receive fair settlement offers, highlighting the importance of maintaining accurate records.

 
Injury Assessment

Complete medical records are crucial for evaluating injuries in accidents, as they provide detailed information on diagnoses, treatments, and prognosis, making it difficult to determine severity and extent, and potentially weakening a plaintiff's compensation claim due to inaccurate quantification of damages.

 
Difficulties Establishing Causation

Medical records are crucial in establishing causality, proving how the defendant's actions led to plaintiffs' injuries. Although it's challenging to establish direct links between injuries from accidents and their causes, this ambiguity allows insurance companies and defense lawyers to argue they preexisted the collision or caused it by other means.

 
Weakened Credibility

Incomplete medical records may weaken a plaintiff's credibility with jurors and courts alike, potentially inducing doubt about any dishonesty or exaggerations on behalf of their claim. Judges or jurors might interpret such documentation gaps as evidence that may point towards dishonesty on their part. This in turn undermines credibility further and might compromise a case altogether.

 
Poor Documentation of Damages

Medical records are crucial for personal injury claims, as incomplete records may overlook expenses like hospital bills, physician visits, diagnostic tests, and therapy sessions, making it difficult for plaintiffs to receive full compensation for medical costs and lost wages.

 
Limited Capability to Prove Pain and Suffering

Personal injury claimants have the right to compensation for the pain and suffering they endure due to the negligence of another. Unfortunately, incomplete medical records can make proving suffering difficult, thus limiting the capacity for non-economic damages claims. This means any payments for intangible injuries could also be reduced accordingly.

 
Challenges Involved With Expert Testimony

In personal injury cases, medical professionals must provide expert testimony to understand a plaintiff's injuries. Incomplete medical records can hinder this process, potentially leading to inconclusive testimony and weakening the case further. Therefore, expert witnesses must have a thorough understanding of the plaintiff's medical history.

 
Lengthened Legal Proceedings

Incomplete medical records may extend the legal process in personal injury lawsuits. Attorneys might need to invest additional time and money in gathering additional paperwork from healthcare providers or deposing doctors. Such delays could add significant delays and anxiety for the plaintiffs involved.

 
An Increased Risk for Defense Challenges

Defense attorneys exploit gaps and inconsistencies in medical records to undermine plaintiff claims and reduce clients' liabilities. These records can undermine the validity of claims, cast doubt on treatments or injuries, and question their necessity. This adversarial approach can prolong litigation and reduce the likelihood of positive outcomes for clients.

Incomplete medical records significantly impact personal injury claims, so plaintiffs should ensure all aspects are accurate and complete. Collaborating with experienced healthcare providers and attorneys can mitigate negative consequences and strengthen the legal positions of the plaintiffs involved.

For inquiries related to traffic accident laws or injury laws, or to hire an accident attorney, contact the legal professionals of Bautista LeRoy LLC through this number 816-221-0382 or email them at [email protected]. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.

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