After an injury, you must seek immediate medical attention. Many would argue that there is no such thing as too much medical care and that you should do everything in your power to treat injuries. In a personal injury case, receiving too much treatment or unnecessary treatment may work against you.
Receiving medical care that is arguably not necessary to your recovery may be referred to as “overtreatment” and used by opposing parties to reduce your damages in a personal injury lawsuit. While you should not let the thought of overtreatment stop you from receiving medical care, this may be something you should be prepared to refute in court. If the opposing party argues that much of your medical care was not necessary, your lawyer can help you prove otherwise.
Call The Queenan Law Firm at (817) 476-1797 and ask our Dallas personal injury lawyers for a free, confidential legal analysis of your claims.
How Can Overtreatment by a Doctor Affect Personal Injury Claims in Texas?
An injured person might not think there is such a thing as too much medical care. However, when pursuing a personal injury lawsuit, defendants might argue that the plaintiff received unnecessary medical care, or “overtreatment,” that they believe they should not pay for.
Defense Will Scrutinize All Expenses
Reviewing your medical records related to your treatment for your injuries is often a necessary part of a personal injury lawsuit. Defendants may heavily scrutinize the type of medical care you received in the hopes of arguing against your claims.
Whether Treatment Was “Necessary”
A common strategy for defendants is to argue that the plaintiff received medical care that was not necessary for their treatment and recovery. The defendant will likely argue that, if they are liable, they should cover only the costs of medical care that was reasonably necessary, excluding overtreatment.
The problem is that defendants often argue that many necessary aspects of your treatment are overtreatment, and our Austin, TX personal injury lawyers will be prepared to refute these claims.
Diminished Credibility
If overtreatment is an issue in your case, it may affect your credibility as a plaintiff. If the defendant’s arguments have merit or are otherwise persuasive to a jury, the jury may suspect that you are padding your medical bills in the hopes of a bigger payout.
Preserving your credibility is crucial because it means a jury may be more likely to sympathize with your situation and rule in your favor. If the jury believes that you might be less than honest about your medical care, they might become suspicious of your other claims, and your entire case might be in jeopardy.
Difficulty Separating Necessary from Unnecessary Medical Care
Another issue that arises when overtreatment is alleged is the need to separate reasonably necessary treatment from what the defendant argues is overtreatment.
Often, defendants will try to argue that most of your medical care was not necessary for your recovery. We must show that all your treatment was necessary. We can present details from your medical records and testimony from a medical professional to support your claims.
How to Refute Allegations of Overtreatment in a Personal Injury Case
If the defendant claims that you received medical treatment that was not necessary for your recovery, we may need to present evidence to counter these claims.
Present Your Medical Records as Evidence
A great place to begin is with your medical records. Your doctor, nurses, and any other medical professionals connected with your treatment must thoroughly document all aspects of your care. Your records should detail your treatment and why it was necessary for your recovery. Remember, even if treatment was not successful, it does not mean that it was not medically necessary.
Present Testimony from a Medical Professional
It may also be necessary to have a medical expert, perhaps your treating physician, review your records and offer expert testimony about the care you received. The expert may be able to explain what kind of treatment you received and why it was medically necessary. Testimony from medical experts is often highly persuasive to jurors.
Present Your Testimony
Your testimony may also be important. You may be able to explain why you chose to undergo the treatment you received and why you believed it was necessary for your recovery. Although you might be unable to explain the science of the treatment you received, you can explain your understanding of the treatment and why you believed it was necessary for your recovery.
FAQs About How Overtreatment Can Affect Your Personal Injury Claims in Texas
What is Overtreatment in a Personal Injury Case?
Overtreatment refers to the medical care an injury victim receives that is not reasonably necessary to their recovery. For example, if an injury victim goes to the hospital with a broken arm, reasonably necessary care may include x-rays and a cast. Overtreatment might include scans, tests, and bloodwork that are not really needed to treat or diagnose the broken arm.
How Can Accusations of Overtreatment Affect Your Personal Injury Case in Texas?
Accusations of overtreatment may have a serious negative effect on your case. First, defendants may argue overtreatment to reduce your damages related to medical care, which can be expensive. Second, overtreatment might lead the jury to believe that you are padding your damages and that your other claims may be untrustworthy.
How Can You Fight Claims of Overtreatment in a Personal Injury Case?
You may counter accusations of overtreatment by presenting evidence supporting your claims. Medical records and testimony from doctors may help us prove that all the treatment you received was reasonably medically necessary to your recovery.
How Do You Know if You Were Overtreated in a Personal Injury Case?
Many injury victims do not know that their medical care may be considered overtreatment. Often, patients accept the treatment that their doctor believes is necessary, even if they do not fully understand it. If you are unsure whether all your treatment was reasonably necessary, talk to your lawyer. It may be a good idea to have your medical records reviewed by another doctor to determine if overtreatment is an issue.
Can You Still Recover Damages if You Were Overtreated for Personal Injuries?
Yes. If a defendant manages to successfully argue that a plaintiff received overtreatment, that does not mean that you are barred from recovery. It only means that certain medical costs that are considered overtreatment may be excluded from your overall damages. You may still recover other damages for medical treatment that was medically necessary.
Speak to Our Texas Personal Injury Lawyers as Soon as Possible
Call The Queenan Law Firm at (817) 476-1797 and ask our Houston personal injury lawyers for a free, confidential legal analysis of your claims.