Published on behalf of Whether it’s a slip and fall accident or a car or motorcycle accident, proving damages in an accident and injury lawsuit requires careful review of medical records. Medical records establish the nature and extent of the injuries, diagnosis and treatment. In addition, medical records can help the plaintiff establish how the accident occurred. Especially in contested cases, medical records can help substantiate the plaintiff’s version of events.
The Importance of the EMT & Emergency Room Records
In most serious accident cases, emergency medical technicians (EMT) will be the first medical personnel to attend to the injured person. The EMT will then take the person to the nearest emergency room.
Generally, in accident and injury situations, there are two important details revealed in the emergency responders’ notes and/or the emergency room personnel reports: what the plaintiff reported about his or her symptoms and what the plaintiff reported about how the accident happened.
These two details are important to help establish the extent of the injuries. What the plaintiff said about his or her pain symptoms will help to establish that those body parts were in fact injured. Especially when head injuries occur, what the plaintiff reported about headaches, vision disturbances, etc. will be important.
What the plaintiff reports about the accident itself is also important. In contested cases like a slip or trip and fall case, what the plaintiff reports about how the accident occurred can help support a finding of liability. There should be consistency across the records. For instance, if the plaintiff fell down a flight of stairs due to a defect at the top step, the EMT and ER records will probably indicate that – the plaintiff-patient reported falling down steps due to a defect in the steps. If the EMT and ER records indicate that the plaintiff reported something entirely different, like being pushed or shoved, then the strength of the case is seriously weakened. This is an example of why the EMT and ER records are important.
Related articles:
- The Timeline of a Slip & Fall Lawsuit in Philadelphia
- Discovery in an Accident or Injury Lawsuit in Philadelphia – What to Expect (Part 2)
- Filing an Accident or Injury Lawsuit in Philadelphia – What to Expect (Part 1)
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