After an Accident, Don’t Make These Mistakes in Dealing with Doctors: Personal Injury Lawyer in South Carolina Explains
Personal injuries caused by motor vehicle crashes, slip and falls, dog bites, workplace mishaps, and other accidents could cause serious pain and suffering, high medical bills, and significant lost wages. South Carolina law allows victims and their families to recover compensation for these damages and some others. However, while the law does allow for certain forms of compensation after an accident, mistakes in reporting, treating, and discussing these injuries and the accident could affect how much compensation a victim may be entitled to. There are some mistakes that an individual could make in dealing with doctors that could even hurt their case. Our experienced personal injury lawyer in South Carolina wants you to know what to say and not say to your doctors to protect your rights.
That is because we have seen far too many victims in personal injury cases lose the compensation they need after an accident by making simple mistakes with their healthcare providers.
Here at David Blackwell Law, we have dedicated our practice in Lancaster, South Carolina, and Indian Land, South Carolina to helping injured victims and their families recover the compensation that they deserve for the negligent accidents of another person, business, or government entity that cause serious or catastrophic injuries. We have a proven track record of success against these defendants, helping victims maximize the compensation they may be able to recover.
Learn how to help your claim by avoiding these ten mistakes people make in dealing with doctors in South Carolina:
1) Delays in Getting Treatment
If you have been injured in an accident but delay seeking medical treatment, you may be hurting your case. A defense lawyer will argue that you could not have been too concerned or too injured if you did not go right to the hospital or tell your doctor. Refusing EMT examination or refusing transportation to the hospital is a huge point highlighted and emphasized by defense lawyers at trial.
The rule of thumb is if you have a real injury—no matter how slight—always obtain medical treatment. Some minor injuries like a mild headache or achy back could be the sign of something much worse, including a brain bleed or a back injury requiring a spinal fusion. Always get evaluated and if recommended to go to the hospital, go.
This protects not only your claim but more importantly your life.
2) Not Disclosing Your Health History
Always advise healthcare providers about your health history because it can help them treat you now. This is particularly true if you are on certain medications that could negatively interact with treatment, such as blood thinners or other drugs. Not telling the truth to your doctor could be spun by a defense lawyer that you are also not telling the truth to a jury—which can hurt your case.
3) Talking to Your Doctor About Your Lawsuit or Lawyer’s Advice
Never talk to your doctor about the lawsuit or legal advice. There is no privilege protecting these conversations, and your doctor will almost always be an important witness at trial.
4) Don’t Miss or Show Up Late for Appointments
Healthcare providers and officers have a habit of writing “no call, no show,” “DNS,” which means did not show, or “late” in your health record. That’s not a proper place for it, but they put it there anyway. A defense lawyer can use this to show that you were not overly concerned about your treatment and were not committed to getting better.
5) Failing to Properly Document Pain
Always tell your doctor everything that hurts. Explain your pain on a number scale and how it feels (burning, stabbing, aching, slicing, etc.). This can help document the pain you are feeling and its progression.
6) Failing to Inform Your Doctor About How Your Injuries Affect Work
Explaining your pain is essential, but also showing how it affects your work is another critical aspect of a personal injury case. This is because you may be entitled to lost wages. Therefore, telling your doctor how your injuries affect your ability to function at work can support that lost wages claim, as well as corroborate your other disability claims due to the accident.
7) Failing to Take Prescribed Medications
Medication is an essential part of the recovery progress and an easy one to follow. But suppose you fail to take your prescribed medications. In that case, a defense lawyer could harp in on that by claiming you are not trying to get better, you are not taking this seriously, and you would have gotten better faster with less pain if you followed the doctor’s orders. Do not let this happen. Take your medications or have a valid reason for not doing so.
8) Stopping Medical Treatment Too Soon
If you stop medical treatment before you are healed or against a doctor’s orders to come back sooner, that will be used against you by a defense lawyer. Not only could this hurt your claim, but there is an important reason why your doctor needs you to still come in for treatment. You need to protect your body and comply with your doctor’s recommendations for treatment. Do not stop treatment early because it is an inconvenience or because it becomes costly—it can hurt your claim and your body’s healing process.
And know that if things are becoming costly and money is tight, tell your doctor that because they may note it in the file, and that can help your claim or serve as a valid reason if you have serious issues.
9) Failing to Follow Treatment Recommendations Related to Depression or Anxiety
Personal injury cases do not just cause physical harm but also emotional harm such as depression and anxiety.
Our experienced personal injury lawyer in South Carolina knows that individuals can recover compensation for these claims. Take depression and anxiety after an accident seriously, and explain what you are feeling to your physician. That can help your treatment and your claim.
10) Failing to Keep a File
The frustration and confusion after a personal injury accident will only get more confusing after an accident.
That is natural and expected.
Part of this is because of your injury; part of this is just the chaotic situation of having emergency room doctors, primary care, specialists, and other physicians for surgery, anesthesia, physical therapy, and other treatment. It is natural to forget doctors, dates, what they did, and how you were feeling.
Keeping a file to organize your treatment and the doctors can immensely help your claim, especially regarding doctor orders for out-of-work or other referrals.
Were You Injured in a South Carolina Accident? Call Our Personal Injury Law Firm for Help
If you or a loved one were seriously injured in a personal injury accident in Lancaster, South Carolina, or Indian Land, South Carolina, call our experienced personal injury lawyer at the bodily injury law firm of David Blackwell Law for help. We offer FREE consultations to learn what your legal rights may be. Schedule yours today by calling 803-285-0225 or by filling our online contact form.
