TOP TIPS relating to medical issues you need to know when involved in a personal injury action.
As Ottawa personal injury lawyers, one of the many things we do to protect our clients’ interests is provide guidance on the medical issues that arise in every personal injury case. Our clients frequently ask us how often they should seek treatment from their doctor and treating physicians or other health care providers.
When pursuing damages as a result of injuries sustained in any type of accident, the family physician – family doctor plays a vital role in determining and evidencing the medical issues needed to succeed in a personal injury case. They provide treatment, monitor the client’s progress and medical recovery which is needed to establish certain aspects of a personal injury claim.
We recommend that an injured person visits with their family doctor on a regular basis so that the family doctor is updated regularly on medical progress and is aware of any changes in the client’s medical status. In the event there is a change in the client’s medical condition, then the family doctor can assess and evaluate the situation and provide any required treatment of referral to specialists, such as pain management specialists, orthopedic surgeons or neurologists; they can also alter any existing treatment plan, whether it is physiotherapy, massage therapy, chiropractic treatment, counseling or other treatment needed.
At some point, your personal injury lawyer will write to your family doctor and ask for a “medical legal report”. The family physician can only provide a medical legal reports based on what the patients have told them, based on their medical examinations, treatment provided and personal observations during treatment. Some injured persons do not see their doctor and report symptoms for weeks, sometimes months. In such cases, it is reasonable for the family physician to believe their patient has fully recovered from their injuries. Keeping your family doctor fully informed of your symptoms and recovery is crucial to succeeding in your personal injury case. There is nothing worse that receiving a bad medical legal report from a treating physician which can ruin an otherwise good personal injury case.
In some cases, your family doctor may refer you to a specialist. In other cases, as your personal injury lawyers, we may refer you to a specialist ourselves. In both cases, we will likely write to the specialist and ask that they provide a comprehensive medical legal report outlining your diagnosis, treatment, limitations, complications, impact and prognosis. This is called an “expert report solicitation” and it helps us prove your injuries and support your claim for damages.
The report provides a detailed summary of your medical issues. It often also provides a specific treatment plan. You should always follow the treatment plan provided to you by your treating health care providers, unless you believe the treatment is harming you in which case, speak to your physician about your concerns. Always keep your treating physicians aware of any complications associated with your injuries and voice any concerns you have about the treatment plan. If you do not follow the treatment plan, the insurance company representing the party at fault may reduce your damages on the basis that you intentionally made your medical condition worse or delayed in your recovery.
If the treatments you are receiving are causing you pain or significant increase in symptoms and you do not seem to be improving, please advise your doctor as soon as possible. Treatment plans can change to better suit your particular needs and so that your recovery can be expedited.
If you are involved in a car accident through no fault of your own, you could be entitled to compensation for the injuries you sustained. You could be entitled to obtain compensation for the various financial losses you suffered. You could be entitled to obtain financial compensation for the pain and suffering you endure because of the car accident and injuries you sustained.
The lawyers of Quinn Thiele Mineault Grodzki LLP are dedicated personal injury lawyers who have handled all aspects of car accident claims and have obtained tens of millions of dollars for their injury clients. We have dealt with a wide variety of cases involving all types of injuries, such as fractures, soft tissue injuries, head and spinal injuries, and many complicated multiple injury cases. Our lawyers have handled car accident cases on behalf of drivers, passengers, pedestrians, cyclists, at drivers, motor cycle drivers and bystanders. We have handled cases where there is insurance coverage and where there is no insurance available except government funded insurance coverage such as non insured drivers and passengers.
With more than 50 years in combined experience as injury and accident lawyers, our lawyers have gained the respect of the insurance industry, something extremely important when seeking millions in compensation for our clients.
If you have suffered serious injuries arising out of motor vehicle accident, we are the right lawyers for you. We help hundreds of victims each year receive compensation.
We work on the basis of no fee until you win basis. We offer free consultations. Call us at 613-315-4878 or 613-563-1131.
Quinn Thiele Mineault Grodzki LLP
310 O’Connor Street
Ottawa, ON K2P 1V8