One of the most common mistakes patients make when filing a personal injury claim is not having a thorough and careful medical record review by their injury lawyer. Many times, victims do not fully understand the role that an experienced medical, legal doctor plays in their case. When they realize what can be done to resolve these common mistakes, they can often avoid making many costly mistakes.
Medico Legal Assessments involve two different types of tests. One type of test determines if a patient has permanent damage, and another kind of test is used to determine if the patient may have only temporary problems that will resolve over time. Often, medico-legal assessments will consider the type of treatment a patient receives. However, you may also need to have your doctor submit a second set of medical evaluations that focus on your injuries’ potential severity.
In addition to the second set of medical assessments, you may also be asked to provide written observations about the events leading up to your injury. These statements are considered “interrogatories,” which require you to answer questions about specific facts surrounding your injury. These interrogatories will allow the medico-legal team to obtain more information about you and your injuries. If the medico-legal team feels that you have provided inaccurate answers, they may have enough evidence to file personal injury claims against you on those incorrect facts.
How does all of this help?
When you know the purpose of these tests, you should be better prepared to answer questions about your injury. In addition to keeping you informed, it can also help you gather documentation about your injury. This documentation can be exercised in court if brought up by the other party (i.e., your medical care provider, etc.). If you are injured, you will want to keep accurate records of your physician’s visits or to your chiropractor.
You should know that once your Medico Legal Assessment is complete, it is not only all of your medical records that are considered. Your written statements are also going to be examined by this specialist witness. As stated above, this witness is generally employed by the insurance/carrier responsible for providing coverage for your injury claim. They will be looking for patterns regarding your injuries and any discrepancies in what your original medical evidence indicates.
Although most people do not realize it, some common mistakes are made during all types of medico-legal evaluations. Medico-legal reports should only be prepared by those that specialize in the subject matter. While this may not seem like a big deal, these people have a lot of information at their fingertips and can make a huge difference in determining your compensation payout.
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