Medical Evidence and Your Personal Injury Case
If you have been injured in Kentucky by an accident due to the negligence of another person or entity, you are entitled to compensation and should file a personal injury case. A certified personal injury lawyer can help you get compensation for your medical bills and lost wages along with pain and suffering. Your medical records, along with your willingness to follow your doctor's orders on getting well, go a long way toward winning your case and convincing a jury of the severity of your injuries. The records show your course of treatment, the type of injury, and the over-all prognosis as to the length of time you may still need to be fully recovered. If you do not have complete medical records to present in your case, you generally don't have a case. Personal injury cases can be the result of an automobile accident, slip and fall, medical malpractice, premise liability or because of a defective product to name a few. Kentucky is a Pure Comparative Law State which means your damages would be in direct proportion to your percentage of blame in the incident.
What is Classified as Medical Evidence?
Your medical records are a crucial part of your case, that's why it is so important to seek medical attention as soon after the accident as possible. If paramedics are called to the scene, let them examine you even though you may not feel any effects from the incident at the time, some symptoms manifest themselves after the shock has worn off and reality sets in. You want to be examined, diagnosed and treated for your injuries and have them properly documented by your health care provider. If you have previous injuries from an unrelated accident in the same place, you want to avoid any confusion and show your physical condition before and after this incident occurred.
What Kind of Medical Evidence do I need?
When you are presenting your case, remember that you need to have been faithful in making your doctor appointments, intermittent visits may give the opposition reason to question the extent of your injuries. There are certain records your attorney will need to present your case which include, but are not limited too; a physician's progress notes and order sheets, general and special care unit notes from nurses, graphic and flow sheets containing pulse, respiration, blood pressure, etc., medication, transfusion, x-ray reports, and surgery documentation.
How do I collect Medical Evidence?
This is part of your Kentucky attorney's job description and they know which documents are crucial to your claim. As you are their client, they may obtain your records relatively easy. You or a family member need to inform them of any and all health organizations you accessed to affect your recovery. Obtaining medical records of the opposing party, however, is more difficult and requires a court order or they can obtain it through regular disclosure. Either way, a form must be submitted that complies with Health Insurance Portability and Accountability Act (HIPAA.) This act enables patients and their authorized agent to review their personal medical records.