This is your personal injury case. You were injured. Your life has changed for the worse. You are claiming someone else caused all of this and you want fair and adequate compensation for your pain and suffering, your medical expenses, and loss of earnings. You have to prove your case to a jury and usually convince a judge not to dismiss your case before it is even heard by a jury. This case is all about you. Therefore you have to take an active part and be the interested party. Part of being actively involved in your medical care means taking note of who is providing your care, what they are doing for you, and why they are doing it.
One of the pitfalls of going to the clinic the ‘good samaritan’ directs you to is that you never really know who is treating you and why those treatments are being recommended. These ‘medical mills’ may be supervised by one physician, but that physician may only see you periodically. The physical examinations may be performed by different doctors on each occasion. The therapy you receive will usually be performed by different therapists on each occasion. Don’t get me wrong, there are some excellent multi-specialty trauma clinics that provide the best in medical care. But those that are excellent are run by board certified physicians, provide useful and beneficial care, and document their examinations and treatments with the utmost professionalism. At the end of the day, regardless of the medical care you receive, it will be up to you to keep track of that care, and have the knowledge to describe the treatments you received in sworn testimony. I cringe when a client giving sworn testimony at a deposition or trial cannot answer the questions: “What is the name of your doctor?” “What is the doctor’s specialty?” “Where is the office located?” “What did the doctor do for you?” “Did the doctor take or refer you for any diagnostic studies?” and so forth. Remember this is your life, your injury claim, and your burden of proof.
How can you protect yourself in this regard? First, use reliable, reputable medical providers. Next, obtain a business card from every medical provider who treats you. Third, advise your attorney of every medical provider who treats you so your attorney can obtain full sets of all medical records and outline them for you. Fourth, keep a calendar or diary of your medical appointments and what was done for you on each occasion. This will help you keep track of what may become an extensive amount of information, and will help you refresh your memory when the time comes to give sworn testimony. Finally, do not just go through the motions. Listen to the doctors. Ask them questions. Follow their advice. Take an active part in your medical care. First and foremost, it will benefit you medically and hopefully improve your health. As a corollary benefit, you will assist your attorney in the prosecution of your case, you will be a worthy and credible witness who a defense attorney will have a difficult time cross examining, and a jury of your peers will find you credible, giving them the reason they need to find in your favor.
