Before the holidays, I posted an article discussing how past health conditions and medication histories of a defendant driver may impact an auto collision case. Now, let me share how investigating the medical records of an injured plaintiff can also impact your case. Again, I'm not talking about the obvious injuries identified after an accident like whiplash or other back problems. Of course, the current medical records are crucial in assessing damages. However, the past medical history is equally important.
I’m sure you’ve all been confronted with the issue of "pre-existing conditions." In traditional context, when the injury reported from the accident is being disputed as “pre-existing,” sometimes it can be beneficial to do more investigation. Often times, it warrants looking further back, even more than a year or two before the auto accident, into the plaintiff's medical history to identify a true pattern.
I’m sure you’ve all been confronted with the issue of "pre-existing conditions." In traditional context, when the injury reported from the accident is being disputed as “pre-existing,” sometimes it can be beneficial to do more investigation. Often times, it warrants looking further back, even more than a year or two before the auto accident, into the plaintiff's medical history to identify a true pattern.
In nontraditional context, have you ever considered how a different pre-existing condition could impact an individual’s recovery from an auto accident? For example, an individual with osteoporosis has fragile and brittle bones, which will fracture much easier than someone with healthy bones. This could lead to further damages and longer recovery, thus increasing the settlement value.
Did you know a person on long-term steroid therapy is also at risk for fractures? This is a side effect of steroid use over time. Long-term steroid therapy is common for individuals with autoimmune disorders such as lupus or rheumatoid arthritis. A person with a history of any type of organ transplant is also likely to be on steroid therapy.
Another significant pre-existing condition impacting recovery is diabetes. A person with diabetes, over time, will develop vascular insufficiency or poor circulation. If they are injured and develop a significant wound, they are at risk for poor wound healing as a result of the decrease in blood supply to oxygenate and ultimately heal the injured tissue. Again, it may require more time and treatment (supplies, medicine, office appointments, etc.), not to mention the added pain and suffering involved with wound care treatments, to recover and thus, increasing the settlement value.
Another significant pre-existing condition impacting recovery is diabetes. A person with diabetes, over time, will develop vascular insufficiency or poor circulation. If they are injured and develop a significant wound, they are at risk for poor wound healing as a result of the decrease in blood supply to oxygenate and ultimately heal the injured tissue. Again, it may require more time and treatment (supplies, medicine, office appointments, etc.), not to mention the added pain and suffering involved with wound care treatments, to recover and thus, increasing the settlement value.
Instead of letting a pre-existing condition add headache and take away from your case, let a certified legal nurse consultant from Aguirre Legal Nurse Consulting help you identify how a pre-existing condition could potentially add value to your next auto collision case.
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