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Using Medical Records in a Traumatic Brain Injury (TBI) Lawsuit

What is a TBI?

In a traumatic brain injury (TBI) legal case, medical records can play a crucial role in establishing the extent of the injury and the necessary treatment and care. A TBI is a serious injury that can have long-term effects on a person's physical and cognitive abilities, and it is often caused by accidents or incidents that result from the negligence or wrongdoing of others. In a legal case involving a TBI, medical records can provide important evidence to support the claimant's case and help to establish the damages that they have suffered because of the injury.

Establishing Nature and Severity of a TBI

In a traumatic brain injury (TBI) legal case, medical records can play a crucial role in establishing the extent of the injury and the necessary treatment and care. A TBI is a serious injury that can have long-term effects on a person's physical and cognitive abilities, and it is often caused by accidents or incidents that result from the negligence or wrongdoing of others. In a legal case involving a TBI, medical records can provide important evidence to support the claimant's case and help to establish the damages that they have suffered because of the injury.

Medical Records are Key to Showing Long-term Effects of a TBI 

Medical records can also be used to establish the long-term effects of the TBI on the claimant's physical and cognitive abilities. These records may include information about the claimant's ongoing treatment and rehabilitation, as well as any tests or assessments that have been performed to evaluate their physical and cognitive function. This information can be used to show the extent to which the TBI has impacted the claimant's ability to work, care for themselves, and engage in activities that they enjoyed prior to the injury.

Claiming for Economic Damages

In addition to establishing the nature and severity of the injury, medical records can also be used to support the claimant's claim for damages. These damages may include medical expenses, lost wages, and other out-of-pocket expenses that the claimant has incurred because of the TBI. Medical records can provide evidence of the costs of the claimant's treatment and care, including the costs of hospitalization, medications, therapy, and other medical expenses. They can also provide evidence of the claimant's lost earnings if the TBI has prevented them from working or has significantly impacted their ability to work.

Claiming for Non-Economic Damages

Medical records can also be used to support the plaintiff's claim for non-economic damages, such as pain and suffering, loss of enjoyment of life, and loss of consortium. These types of damages are more difficult to quantify, and medical records can provide valuable evidence to support the claimant's claims. For example, records that document the claimant's physical and emotional symptoms, such as pain, fatigue, depression, and anxiety, can be used to show the impact of the TBI on their overall quality of life.

Challenges When Using Medical Records in a TBI Case

There are several challenges that can arise when using medical records in a TBI legal case. One challenge is that the records may be incomplete or inaccurate, this can be due to errors arising from using a third party to retrieve medical records, as described in our piece “What are the potential drawbacks of using third parties to retrieve medical records?“. This can make it difficult to establish the nature and severity of the injury or the full extent of the damages that the claimant has suffered. This is one of the many benefits of using the ChartSquad platform; the aim is to provide you with full access to your complete medical records that healthcare providers keep on file, in a timely fashion, for the minimum possible healthcare provider fees.

Another challenge is that the medical records may be complex and difficult to interpret, especially for those who are not medical professionals. This can make it difficult for the claimant and their legal team to fully understand the significance of the records and to effectively present them as evidence in court. We can help provide your attorney with the medical expert resources needed to ensure that information in medical records is effectively communicated in a manner that supports legal cases.

Finally, medical records are protected by privacy laws such as HIPAA and HITECH, which can make it difficult for the claimant to obtain copies of the records or to use them as evidence in court. This is where plaintiffs can use the ChartSquad platform and leverage the power of law and federally granted rights to quickly and efficiently get access to medical records at patient rates.

The Solution? ChartSquad

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