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Law Office of Robert Mansour
Santa Clarita Personal Injury Blog

What to Do During Your First Visit to the Doctor

8/16/2011

 
Tell Your Doctor About Every Injury After a Car Accident

After a serious car accident, one of the most important things you can do is make sure your doctor knows about every symptom or injury that is bothering you. This is not the time to be tough, minimize your symptoms, or assume that something minor will simply go away. Your medical records will likely become important evidence in your personal injury claim, and if an injury is never documented, an insurance adjuster may later question whether the accident actually caused it.

I have handled many personal injury cases where clients tried to be brave and did not mention certain injuries to their doctors because they did not think the problem was serious or did not want to be a bother. Unfortunately, what seems minor to you can become important later. If you fail to mention an injury during your medical evaluation, there may be little or nothing in the medical records to establish that you were experiencing that symptom after the accident.

Key Takeaways
  • Tell your doctor about every symptom you are experiencing after the accident, even if you consider it minor.
  • Do not minimize your injuries because you think they will go away on their own.
  • Medical records are important evidence in a personal injury claim, and omissions can create questions about causation.
  • A symptom that appears minor immediately after an accident can become more significant later, so it is important to document it when you first notice it.
  • Do not exaggerate or invent symptoms. Be completely accurate about what you are experiencing.
  • Give your doctor a complete picture of your condition, including pain, stiffness, numbness, weakness, headaches, dizziness, and other symptoms you actually experience.
  • A simple way to remember your symptoms is to work from head to toe when describing what hurts or feels different.
  • If you later develop a new symptom, tell your healthcare provider promptly so it can be appropriately evaluated and documented.
  • You are not required to claim every symptom as a permanent injury. The important thing is to accurately report what you are experiencing.
  • It is generally better to have an accurate record of a symptom that later resolves than to have no record of it at all.

Why Is It Important to Tell Your Doctor Everything?

When you first see a doctor after an accident, you may be focused on the injuries that hurt the most. Perhaps your back is killing you or your shoulder is causing significant pain, while a mild headache, neck stiffness, or tingling sensation seems relatively unimportant. You may assume that the minor symptom will disappear within a few days and therefore decide not to mention it.

That can create a problem later if the symptom continues or becomes more significant. An insurance adjuster reviewing your medical records may look at the first examination and ask why a particular injury was not reported at that time. The adjuster may argue that the injury developed later or was unrelated to the accident, even though you were actually experiencing the symptom from the beginning.

This does not mean that an injury cannot be legitimate simply because it was not mentioned during the first examination. People do sometimes develop symptoms gradually, and medical conditions can evolve after an accident. However, documenting your symptoms accurately and promptly can make it much easier to establish the history of your injury.

Don't Try to Be "Tough" at the Doctor's Office

Some people have a tendency to minimize their injuries. They may tell the doctor that they are "doing pretty well" even though they are experiencing significant pain, or they may leave out a particular symptom because they don't want to complain. I have seen this happen with clients who simply did not want to make a big deal about what happened to them.

Unfortunately, your doctor cannot properly evaluate something you don't mention. Your medical records may therefore contain an incomplete description of your condition, and that incomplete record can later become part of the insurance company's evaluation of your claim.

Being honest with your doctor does not mean exaggerating your injuries. It means accurately describing what you are actually experiencing. If something hurts, tell the doctor; if something does not hurt, don't claim that it does simply because you believe it will strengthen your case.

What If an Injury Doesn't Seem Serious at First?

Sometimes an injury may seem insignificant immediately after an accident. Adrenaline, stress, and the circumstances surrounding a collision can make it difficult to appreciate every symptom right away. A person may focus on a major injury and barely notice a smaller problem until later.

For example, suppose you are involved in a significant collision and your shoulder is immediately painful. During your initial examination, you also notice some mild neck stiffness, but you assume it will disappear. If the neck pain continues or becomes worse, it is helpful if your medical records already reflect that you experienced neck symptoms after the accident.

Again, this does not mean that every symptom must be reported during the first visit or that a later-developing injury cannot be legitimate. The important principle is accurate and timely medical documentation. Tell your healthcare provider what you are actually experiencing at each stage of your recovery.

How Should I Tell My Doctor About My Injuries?

One simple technique is to work systematically through your body rather than relying on your memory to identify everything that hurts. Start at the top of your head and work downward: headaches, facial pain, neck pain, shoulder problems, arm or hand symptoms, chest or abdominal pain, back pain, hip pain, knee problems, ankle or foot symptoms, and anything else that feels different after the accident.

Also tell your doctor about symptoms that may not involve pain. Numbness, tingling, weakness, dizziness, balance problems, difficulty sleeping, or other changes may be medically significant even if they are not particularly painful.

Most importantly, describe your symptoms accurately rather than trying to tell the doctor what you think the diagnosis should be. Your job is to explain what you are experiencing; your healthcare provider's job is to evaluate those symptoms and determine what may be causing them.

What If I Forgot to Mention an Injury During My First Visit?

Don't panic if you forgot to mention something during your initial examination. If you subsequently notice a symptom or realize that you failed to mention something important, tell your healthcare provider at your next opportunity or seek appropriate medical attention if the symptom warrants it.

You should not try to alter or manipulate your medical history simply to improve your personal injury claim. Instead, explain honestly what happened and when you first noticed the symptom. Your doctor can then determine whether additional examination, testing, or treatment is appropriate.

A later-documented symptom may receive additional scrutiny from an insurance company, but that does not automatically mean the symptom is unrelated to the accident. The circumstances, timing, medical findings, and opinions of the treating professionals can all be relevant.

What If My Doctor's Records Don't Mention One of My Injuries?

Medical records are important evidence, but they are not necessarily a perfect transcript of everything that happened to you. Medical visits are often focused on the most significant complaints, and patients sometimes forget to mention symptoms or doctors may not document every detail of a conversation.

If a relevant symptom is missing from the records, however, the omission may give an insurance adjuster an argument about causation or severity. That is why it is so important to communicate clearly with your healthcare providers and review your treatment instructions and records when appropriate.

If you believe an important fact has been inaccurately recorded or omitted, discuss the issue with your healthcare provider rather than attempting to change the record yourself. Medical records should always remain accurate and truthful.

Can I Add an Injury to My Personal Injury Claim Later?

Potentially, yes. The fact that a particular symptom was not immediately recognized or documented does not necessarily prevent you from later seeking compensation for a legitimate injury. However, adding a new injury or symptom later can create questions about when the condition actually began and whether it was caused by the accident.

For that reason, don't deliberately leave symptoms out of your medical history because you think they are insignificant. At the same time, you should not report symptoms that you are not actually experiencing simply because you believe they will increase the value of your claim.

The best approach is straightforward: tell the truth, report your symptoms promptly, and allow your healthcare providers to evaluate them.

What If the Pain Gets Worse After My First Doctor's Visit?

It is possible for symptoms to change after an accident. Some injuries may become more noticeable over time, while others may improve quickly. If your condition changes or a new symptom develops, notify your healthcare provider and follow the appropriate medical recommendations.

Your subsequent medical records can then document the progression of your condition. This may be important in understanding whether the symptom represents a new problem, an aggravation of an existing injury, or a continuation of the original accident-related condition.

The key is consistency and honesty. Don't wait simply because you are worried that reporting a worsening symptom will make your claim look suspicious. Your health should come first, and your medical providers need accurate information to treat you properly.

Why Do Insurance Companies Care About the First Medical Examination?

Insurance companies frequently review the chronology of a personal injury claim. They may compare the accident date with the first medical visit, examine what symptoms were reported at that visit, and then compare those complaints with later medical records.

If a particular injury appears for the first time months after the accident, the adjuster may question why it was not reported earlier. Conversely, if the injury is documented shortly after the collision and continues to appear consistently in subsequent medical records, there may be a stronger documentary history supporting the claim.

This does not mean that insurance companies automatically accept everything contained in medical records. Adjusters will evaluate the entire claim, including the accident circumstances, property damage, treatment history, diagnostic findings, prior medical conditions, and other evidence. But accurate early documentation can eliminate one unnecessary source of doubt.

Don't Exaggerate Your Injuries

There is an important distinction between being thorough and exaggerating. You should tell your doctor about every symptom you genuinely experience, but you should never invent symptoms, exaggerate your level of pain, or claim an injury simply because you believe it will increase the value of your case.

Your credibility is extremely important in a personal injury claim. If an insurance company, defense lawyer, or jury discovers that a claimant has exaggerated one aspect of an injury, they may begin questioning other portions of the claim as well.

The safest approach is to be completely candid. Tell your doctor what hurts, explain how severe it is, describe what activities make it better or worse, and let the medical professional determine what the symptoms mean.

The Bottom Line

When you go to the doctor after a car accident, don't be brave—be honest and thorough. Tell your healthcare provider about every symptom you are actually experiencing, even if you think it is relatively minor or may disappear on its own.

You don't need to manufacture injuries, and you don't need to assume that every symptom will become part of a lawsuit. But if something is bothering you after an accident, your doctor needs to know about it so that you can receive appropriate medical attention and so that your medical records accurately reflect your condition.

Remember the simple rule: you can always tell your doctor that a symptom has resolved, but you cannot go back in time and accurately document what you were experiencing if you never mentioned it.

Frequently Asked Questions

1. What should I tell my doctor after a car accident?

Tell your doctor about every symptom you are experiencing that you believe may be related to the accident. This can include pain, stiffness, numbness, tingling, weakness, headaches, dizziness, or other changes in how you feel or function.

2. Should I tell my doctor about a minor injury?

Yes. If you are actually experiencing a symptom, it is generally better to report it accurately rather than assume it is too minor to mention. Your doctor can determine whether it requires treatment or further evaluation.

3. What if I don't mention an injury during my first doctor's visit?

You should not panic, but you should tell your healthcare provider when you subsequently notice or recognize the symptom. A later-documented symptom may receive additional scrutiny, but it does not automatically mean that the injury is unrelated to the accident.

4. What if my pain gets worse several days after the accident?

Symptoms can change after an accident. If your pain worsens or a new symptom develops, contact your healthcare provider and explain what has changed so that the condition can be appropriately evaluated and documented.

5. Should I tell my doctor about every symptom even if I don't think it is serious?

If you are experiencing the symptom, yes. You don't have to decide whether it is medically significant—that is part of your healthcare provider's job. Your responsibility is to give the doctor an accurate description of what you are experiencing.

6. Can an insurance company use my medical records against me?

An insurance company may review medical records when evaluating a personal injury claim and may use inconsistencies, prior conditions, or gaps in treatment to question causation or damages. Accurate and consistent medical documentation can therefore be important evidence in your claim.

7. What if my medical records don't mention one of my injuries?

An omission does not automatically mean that you did not suffer the injury. However, an insurance company may question a symptom that appears for the first time much later, which is one reason why promptly and accurately reporting your symptoms is important.

8. Should I exaggerate my injuries so they are taken seriously?

Absolutely not. You should be thorough but completely truthful. Exaggerating or inventing symptoms can seriously damage your credibility and potentially harm your claim.

9. How can I remember all of my symptoms when I see the doctor?

A useful technique is to work from head to toe. Think about your head, neck, shoulders, arms, hands, chest, abdomen, back, hips, legs, knees, ankles, and feet, and then consider other symptoms such as dizziness, numbness, weakness, or difficulty sleeping.

10. Can I recover compensation for an injury that wasn't immediately apparent?

Potentially, yes. Some injuries or symptoms may develop or become more noticeable after an accident. The important issue is establishing the connection between the accident and the later condition through the available medical and other evidence.

11. What if I was embarrassed or didn't want to bother my doctor?

Don't let embarrassment or a desire to be polite prevent you from accurately describing your symptoms. Your doctor needs complete information to properly evaluate and treat you, and accurate medical records can also become important evidence if you later pursue an injury claim.

12. What's the most important thing to remember?

Tell your doctor everything that is actually bothering you after the accident. Don't exaggerate, but don't minimize your symptoms either. Accurate, timely medical documentation can be extremely important both to your health and to your ability to establish an accident-related injury.

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    Attorney Robert Mansour

    Robert Mansour (CA State Bar #169118) is an attorney in Santa Clarita, California who has been practicing law since 1993.  After working 13 years for a major insurance company, he now counsels victims of personal injury. Click here to learn more about Robert Mansour.

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