How your medical records can influence the compensation you receive after an accident

By William J. Price

medical recordsThe things you say or fail to say to your doctors after an accident can be crucial to the outcome of your case. Most victims assume they will recover from their injuries within a few weeks of the accident. When an auto accident victim arrives at a doctor’s office, they typically focus on the most severe injury and fail to bring up their smaller ones. Insurance companies can use this omission as a limitation on the victim’s compensation.

Doctors record the subjective complaints of the patient once the exam begins. After a crash, accident victims commonly fail to be specific and thorough when advising the doctor of their injuries. Smaller injuries, which tend to be overlooked, often grow worse in the days or weeks after the accident. The further these complaints are removed from the date of the accident, the more likely the insurance carrier will not consider them for compensation.

For example, a person who hurts their neck and lower back in an accident, but fails to mention the back pain for 2 to 3 months following the accident will potentially be precluded from any type of payment for the lower back injury. This is a common problem.

Until your pain is completely resolved, don’t be afraid to monopolize your doctor’s time and identify every body part injured in the accident. Otherwise, you will never receive full compensation.

About Elk & Elk Attorney William J. Price

William J. Price focuses his practice on personal injury litigation for people who have been seriously injured or killed as a result of medical malpractice, nursing home neglect, defective products, negligence in construction sites, and trucking and auto accidents. He has been recognized by Super Lawyers, Martindale-Hubbell, AVVO, and is a member of the Multi-Million Dollar Advocates Forum and Million Dollar Advocates Forum.


Ohio bill threatens to give hospitals power to designate medical records

medical recordsWhether you’re switching to a new doctor or concerned about the care you or a loved one received, complete and accurate medical records play a crucial role in the health care process.

A new definition of these files, proposed by House Bill 172, threatens to give hospitals the power to decide what is, or is not, considered a medical record when a patient’s information is requested. The move could limit patients’ access to their own medical records and present new challenges in legal battles to hold medical providers accountable for negligence and malpractice. Continue reading “Ohio bill threatens to give hospitals power to designate medical records”

How to Lose Your Personal Injury Lawsuit

Ohio attorney Mindy Elk-Fisher talks about how important it is to keep seeing your doctors even after starting your personal injury lawsuit.

Your personal injury lawsuit is centered on the harm suffered in your accident case. Within this medically driven case, documentation is vitally important.

Do not delay seeking medical care. Although you may feel okay at first, many injuries take time to develop. Even if you start to feel better, continue to meet with your doctors and therapists until the completing your medical treatment.

It’s never a good move to stop seeing your doctors in a personal injury case. As we prepare for trial or try to get a settlement based on your injuries, the validity of your injury may come into doubt if you don’t follow up with your doctor and adhere to all prescribed treatments. Jurors will question the motives of someone who stopped medical treatment and may assume they do not deserve full compensation for their injuries.

In order to justify the amounts demanded in your personal injury case, we must show how much your injuries have affected your life and family. We need to show what injuries you suffered, the costs you have incurred, how much pain you suffered and how long it’s going to take you to recover from the accident. Only when armed medical records proving such information are we able to move forward with your claim and seek the best possible result.

To learn more about personal injury law, I encourage you to watch the video above and to explore our educational website at If you have legal questions, please call us at 1-800-ELK-OHIO. I welcome your call.

Mindy Elk-Fisher