If you are pursuing a medical malpractice claim in Washington, you may worry that leaving out part of your medical history could hurt your case. In some situations, it can. However, withholding information does not automatically mean you will lose your case.
Why Medical History Matters
Medical malpractice cases often involve a detailed review of a patient’s prior medical records. Defense attorneys and insurance companies look closely at a patient’s history to determine whether a pre-existing condition, prior injury, or unrelated medical issue may explain the claimed harm.
If so, then the defense and insurer can try to argue that these other issues, and not a health care provider’s negligence, cause your unfortunate medical condition.
Even medical conditions that seem unrelated may eventually become relevant during litigation.
Credibility Can Become an Issue
One of the biggest concerns with withholding medical information is your credibility. If records later reveal information that was omitted, the defense may argue that you were being dishonest or hiding important facts.
This can make it harder to convince a jury to trust your testimony.
Pre-Existing Conditions and Defense Arguments
Withholding information can also create problems involving causation. For example, if a patient claims a doctor caused a particular injury, but prior medical records show similar symptoms existed before the alleged malpractice, the defense may argue the provider was not actually responsible for the condition.
This will not necessarily end your case, but it can make your claim more difficult to prove.
Not Every Omission Destroys a Case
Not every omission is fatal to a medical malpractice claim. Sometimes patients simply forget prior treatment or do not realize certain medical issues are important.
In many cases, a claim can still succeed if the evidence of negligence is strong and the issue is addressed early.
Be Honest With Your Attorney
The best thing you can do is be completely honest with your attorney. An experienced Seattle medical malpractice lawyer can evaluate potential issues early, prepare for defense arguments, and help protect the strength of your case.
If you believe you were harmed by medical negligence in Washington, speaking with an attorney as soon as possible can help you better understand your legal rights and options.
Contact Otorowski & Golden, PLLC
Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.