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Why Are Medical Records Important in a Slip and Fall Lawsuit?

Medical records will play a vital role in your slip and fall lawsuit. They help prove that the accident directly caused your injuries. In California, these records are admissible as evidence if a qualified witness confirms their authenticity. Further, evidence or notes from a doctor, nurse practitioner, or another health care provider can help determine the specific cause of bodily injury and psychological damage and further substantiate your claim.

If you have been hurt in a slip and fall accident due to the negligence of another party, contact Salamati Law. With over 28 years of experience, our team is committed to protecting your right to fair and reasonable compensation for your damages and losses. We understand the importance of medical records in building a successful case. Call today for a free consultation.

Why It’s Important to See a Doctor After a Slip and Fall Fall Accident

A close-up of a doctor bandaging a person's hand and wrist injury

If you were hurt in a slip and fall incident, seek immediate medical attention. Victims often do not realize the severity of their slip and fall injuries. For example, concussions, internal injuries, and soft tissue injuries have delayed onset symptoms. Therefore, it is essential to have a healthcare professional assess your condition, even if you initially feel fine.

Seeking medical care ensures proper treatment and creates vital documentation, which is critical if you pursue legal action to recover compensation for your losses. Insurance companies will not simply take your word for it as they rely heavily on documented proof, making it imperative to have thorough medical records after your slip and fall accident to support your claim.

Further, delaying medical care or failing to attend follow-up appointments can jeopardize your case. The defendant’s counsel could argue that your injuries were not as severe as claimed, potentially weakening your case. In addition, if there is a significant gap between when the accident occurred and when a doctor saw you, the defendant can allege that you could have been hurt in another incident.

Prioritizing your health and well-being by immediately seeking medical aid after a slip and fall accident strengthens your legal claim, laying the foundation for a successful outcome.

How Do Medical Records Help in a Slip and Fall Lawsuit?

File folders with a tab labeled "evidence"

Your medical records for a lawsuit will serve as tangible evidence that validates your injuries, quantifies your damages, and chronicles the progression of your treatment. For example, they can:

  • Provide a Direct Link of Your Injuries to the Accident: By documenting diagnoses, treatments, and prognoses, these records solidify the connection between the accident and the injuries suffered.
  • Provide Proof of Damages: Detailed accounts of injuries and necessary medical treatments outlined in medical records assist in calculating fair and reasonable compensation.
  • Establish a Timeline of Events: Medical records often reference the date of the slip and fall accident. They help establish a clear timeline, including when injuries occurred, when medical care was sought, and when treatments were administered.
  • Rebut Defense Arguments: Medical records can often refute any claims made by the defendant or their insurance company regarding the severity or cause of the injuries, providing objective evidence to counter attempts to downplay the damage or shift blame away from the negligent party.

Accessing Your Medical Records Under California Law

Under Federal and California State Law, you have a right to request copies of your medical records. These laws are designed to safeguard the privacy and confidentiality of your records while ensuring your access to them.

Section 123110 of the California Health and Safety Code states that individuals must submit a written request for their records to the healthcare providers. In addition, they are allowed to charge a nominal administrative fee to make physical copies of the records, but they cannot deny a legitimate request. Once you submit a written request, your healthcare providers have 15 days to respond and send you a copy of your records.

Your medical records are personal to you. That means that your slip and fall accident attorney cannot submit a request for copies of those records on your behalf without your authorization. This documentation is crucial because it will help prove some of the damages in a slip and fall accident lawsuit.

We need to build a solid foundation to recover the compensation you deserve from the property owner whose negligence caused your accident. In most cases, we will either prepare a written request that you can then sign and deliver to your healthcare providers or ask you to execute a power of attorney that gives us a right to request the records on your behalf.

Online Access to Medical Records

Almost every health care provider creates and retains medical records electronically with the Epic Systems “myChart” patient portal or another electronic medical record system. In some cases, medical records may be accessible through these patient portals for free, offering instant access without requiring a formal written request. Check with your healthcare providers to determine if you can get online access to your medical records through this method.

Moreover, if you have received services from multiple healthcare providers or medical facilities, you must submit separate requests for your records to each provider and facility.

How a Los Angeles Slip & Fall Lawyer Can Help

Our legal team will meticulously organize and review all relevant medical documentation for your case, including records from multiple providers and facilities, to ensure no crucial evidence is overlooked. Further, we will gather all relevant evidence for your case, including witness statements, accident reports, and surveillance footage. Trust that we will leverage our substantial resources, knowledge, and experience to navigate the complexities of your slip and fall claim.

Contact Us for a Free Consultation with a Slip and Fall Lawyer

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If you or a loved one has suffered injuries in a slip and fall accident, you need skilled and experienced legal counsel. Our team is comprised of results-driven lawyers with a track record of securing multi-million-dollar settlements and verdicts in personal injury cases. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries. There is no financial risk to get started. Do not wait any longer—reach out to a Los Angeles slip and fall lawyer at Salamati Law today so we can begin building a strong case on your behalf.

No Obligation, No Fees Guaranteed, Unless We Win

We are committed to negotiate your case aggressively, strategically and creatively. Personal injury lawsuits are retained on a contingency fee agreement, and plaintiffs will pay no legal fees unless the firm is able to recover damages on your behalf.

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