Protecting Your Work Injury and Disability Case: Why Communicating on Medical Portals Can Pose Risks
Introduction:
In today's digital age, technology has made many aspects of our lives more convenient. From online shopping to virtual doctor visits, the digital world offers us new ways to manage our daily tasks. One such option is communicating with doctors through medical portals, which can be a convenient way to discuss your injury and treatment with your doctor. However, it's crucial to understand why it's important to exercise caution when using these portals in the context of litigation. In this blog, we'll explore why employees with disability or work injury cases should avoid writing to their doctors on medical portals, even though it may seem convenient, due to the potential discoverability of those conversations in legal proceedings.
The Discoverability Factor:
When you're involved in a work injury case or disputed claim for disability, certain information becomes discoverable. This means that your employer or the insurance company and their attorney will be able to request and obtain evidence through legal means. The other side will ask for copies of all your medical records and this could include copies of any written communications you’ve had with your doctor. In the past, before portals became so common place, it was unusual for a patient to write to their doctor, but that has all changed and conversations conducted on a medical portal are open to discovery, meaning they are vulnerable to being accessed and used against you in your case and that could be a problem. Here are three reasons why:
Broadening the Scope of Discovery:
By using a medical portal to communicate directly with your doctors, you may inadvertently expand the scope of discoverable information beyond what is normally disclosed. This can potentially expose more personal and sensitive information than necessary for your case, creating additional risks.
Inconsistencies Can Harm Your Case:
Consistency is crucial in any legal proceeding, including work injury cases. When you communicate directly with your doctors on a medical portal, you might unintentionally provide information or make statements that might appear inconsistent with your claims or the evidence your attorney will present. Even minor and innocent discrepancies can be exploited by the opposing party to challenge your credibility and weaken your case.
Adverse Interpretation of Statements:
Legal disputes often involve interpreting the language and content of conversations. By writing to your doctors on a medical portal, you open the door for the opposing party to interpret your statements in a manner that undermines the severity of your injuries or casts doubt on other relevant factors. Off the cuff conversations about things like your level of pain or suffering could be twisted and used against you to minimize your insurance coverage for things like lost wages and medical bills.
Conclusion:
While medical portals offer convenience and accessibility, it's important to understand the potential risks they pose in the setting of work injury and disability claims. When involved in a legal case, it is strongly advised to communicate with your doctor the old fashioned way- face to face. Leave letter writing and any questions you may have for your doctor about how your injury or illness may relate to your legal claim to your attorney. Your attorney can communicate with your doctor in a way that will protect your confidentiality, preserve your attorney-client privilege, and ensure that your statements are accurate and consistent with your legal strategy. By working closely with your attorney, you can safeguard the strength of your case and protect your rights effectively.
Remember, seeking legal advice from a qualified attorney is crucial when navigating the complexities of disability and serious work injury cases. They will provide tailored guidance and help you make informed decisions to maximize your chances of a successful outcome.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for advice regarding your specific situation.