Usually, the phrase “everything you say may be used against you in a court of law” is brought up in the context of criminal law, not civil. But statements made to your medical provider after you have experienced a severe injury may come back to haunt you in court as well. While I always want my clients to see a medical provider immediately following an accident and still want my clients to provide all medically-relevant information to their providers, I also want people to understand that statements can be taken out of context and undermine personal injury cases.
If you or a loved one was injured as a result of another’s negligence here in Mississippi, you will need to have experienced counsel help you attain your fair share of compensation for your loss of income, emotional trauma, and injury. Barrett Law has the experience to help you, contact us now at (601) 790-1505.
Your Doctor-Patient Privilege is Gone
Most people believe that anything they tell their physician is protected by the “doctor-patient privilege,” which means that the statements made to your physician cannot be disclosed to third parties. That is normally true. However, if you have filed a personal injury claim for injuries caused by a third party, the third party’s attorneys can request or subpoena your medical records at any time. This means that they will have access to statements you have made to your physician and that those statements are not at all private.
For example, imagine that you were injured when a supermarket employee drove a forklift into you while you were walking across the supermarket’s parking lot, severely injuring your back. Again, my advice would be for the injured party to attain medical attention immediately, even if he or she does not feel hurt, as this initial medical assessment will serve as a baseline if future injuries develop later. But in this case, imagine that the injured person’s back was severely injured, requiring months away from work and significant expenses. A personal injury claim would be appropriate in this case to recoup the injured party’s costs and to receive compensation for pain and suffering.
However, imagine that six months after the forklift accident, the victim is feeling better due to extensive physical therapy, long periods of rest, and careful attention to his injury. Also imagine that he goes in for a six-month checkup with his physician who asks, “how are you feeling?” If the injured party responds, “oh, I’m okay, but I’m always sore after a weekend of wrestling with my nieces and nephews,” the doctor may enter “patient’s ongoing back soreness is caused by wrestling with grandchildren” into the patient’s chart. While that entry may seem innocuous, it will likely be raised as an argument months or years later by the plaintiff’s counsel as an argument why the plaintiff does not owe the defendant any compensation. That off-the-cuff comment about wrestling may cost the plaintiff hundreds of thousands of dollars in compensation.
What Should You Do If You or a Loved One Has Been Injured?
If you or a loved one was injured or killed as a result of an accident, you might have a negligence claim for your injuries, loss of work, and emotional trauma. While I always advise clients to attain needed medical attention immediately after an accident, I also want my clients to be well-advised regarding what they should and should not say to their physician to best protect their future claims. If you have been injured in an accident, get expert legal advice immediately.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury. Contact us now at (601) 790-1505.
