Treatments versus Over-Treatment for Your Accident Injuries

Monday, May 16, 2016

Treatments versus Over-Treatment for Your Accident Injuries

Written by Malman Law, reviewed by Steve J. Malman.

Defense attorneys have one job: To disprove or discredit the plaintiff. When there is enough evidence establishing their client’s liability, defense attorneys will often turn to the treatment program – more specifically, they will try to claim that the plaintiff obtained too much treatment. Therefore, they use that to refuse to compensate for the costs of medical treatments. Defense attorneys will often also argue that the plaintiff’s lack of treatment showed that he or she was not injured. So, how does a plaintiff draw the fine line between the two, and still receive the treatment, as well as compensation, that he or she needs?

The issues of how much and how often a plaintiff should receive treatment does play a role in determining the value of a case, as well as the actual compensation that the plaintiff receives. Unfortunately, there is no standardized treatment for an injury, and there is no solution to this very common dilemma in personal injury law.

What to Do

If you have been seriously injured, it is in your best interest to contact a personal injury attorney. An attorney can advise you about your treatment, discuss your treatment needs and concerns with your physician, and create a plan in the event that the defense attempts to argue your injury status. Some other things that you can do include:

  1. See a Medical Professional – If your injury causes you pain, or you have symptoms that have not resolved, contact a medical professional. Do not ignore the professional, or use these symptoms in your claim without having them substantiated by a medical diagnostician first. Failure to seek treatment, or have proper diagnosis, could prove to the jury that you were not as injured as you claimed to be.
  2. Follow Doctor’s Orders – If you are instructed to receive treatments three times per week, do not skip a treatment. Even if you feel that it is too much, as long as it is recommended by a medical professional who is overseeing your care, you are doing nothing wrong. Most importantly, you do not want to be labeled as “non-compliant” by your treating physician.
  3. Inform Your Physician – When symptoms go away or when you are feeling better, report it to your physician right away, instead of cancelling treatments and therapies. Do not continue treatments that you no longer need – doing so could harm your chances for compensation.

Most importantly, follow the guidance of your treating physician. He or she knows what treatments you need to recover, has documented your injuries and symptoms significantly, and are there to get you better. If you are concerned about your treatments, speak with your personal injury attorney.

Were You Injured? Seek Medical Treatment, Then Contact a Chicago Personal Injury Attorney

If you have been seriously injured, contact a personal injury attorney right away. An attorney can help ensure that you receive the treatment that you need, but also prove that your treatments are justified (and required), in order for you to recover from your injuries. You can contact the personal injury team at Malman Law 24 hours per day, seven days per week. Schedule a free consultation now; fill out our online contact form with your questions.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.

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