Common Medical Treatment After an Accident

Prompt Medical Treatment Is Important for Your Personal Injury Claim

It is essential to remember that the medical treatment you receive for your accident is the most important evidence in your personal injury claim. Your medical treatment will be reviewed, analyzed, audited, and even debated by the insurance company and their medical experts when considering your personal injury claim’s value. As such, it is paramount to ensure that each and every aspect of your medical care is as appropriate and reasonable as possible.

Important note: Your medical care is the fuel in your personal injury case’s gas tank. It is not only important to put lots of fuel in your tank, but it is also vital to put the right kind of fuel in the case’s tank.

Remember: if you need treatment, seek treatment. Only a licensed medical professional can properly diagnose your injuries and delaying your treatment and recovery could actually cause your injuries to worsen.

What If I Don’t Have Health Insurance?

There are many things to be concerned about after an accident; one of the most notable among them is the decision to seek medical care even though you do not have health insurance. While your principal concern is how you will afford the expensive medical treatment, consider the cost of not seeking medical treatment and delaying your recovery.

In most situations, there are two ways to seek medical treatment without health insurance:

• Receive the treatment and the medical provider will bill you
• Receive the treatment and the medical provider will claim a medical lien

Regardless, your medical treatment without health insurance under North Carolina Rule of Evidence 414 may actually be more beneficial to your overall recovery than medical treatment paid by a health insurance company.

Should I Use My Health Insurance?

Generally speaking, you should use your health insurance to pay for accident-related medical treatment. However, this does not mean that the medical provider is obligated to bill your health insurance. It is not uncommon for accident victims who provide their Medicaid information when receiving medical care to later discover that the medical provider did not bill Medicaid. Medical providers are exceptionally clever when it comes to getting paid for their services.

Why Would a Medical Provider Not Bill My Health Insurance?

• First, a medical provider may not be obligated to bill your health insurance
• Second, a medical provider may receive more money from you if they refrain from billing your health insurance and claim a medical or physician lien

While this may be surprising, consider what the medical provider will likely receive from the Division of Medical Assistance (Medicaid) as payment for services rendered on a $1,000.00 bill. The answer is rather surprising. Depending on the provider, Medicaid may pay a few hundred dollars at most on their $1,000.00 bill, the reason being that Medicaid has negotiated significant cuts with the medical providers to keep costs low.

On the flip side, a medical provider who refrains from billing Medicaid and receiving a significant cut to their $1,000.00 bill can claim a medical lien and seek reimbursement for the entire $1,000.00 bill. While no one wants to pay more for the same treatment, being able to claim $1,000.00 in damages as opposed to a few hundred dollars may actually be more beneficial to your claim for damages.

However, this does not mean that you should refuse to use your health insurance. Most insurance companies will refrain or delay settlement negotiations with an accident victim until it has been determined whether the victim has health insurance or not. Even if you do not, the insurance company may request that you sign an affidavit of no health insurance. An affidavit of no health insurance is a sworn statement by an accident victim attesting to the fact that they have no health insurance.

How Long Is Too Long After the Accident to See a Doctor?

Generally, in any accident claim involving an individual who has not received some kind of medical treatment within the first 7 to 10 days, it will be difficult to make a strong claim and/or prove damages. However, even in those instances where you may feel you do not need emergency medical care, you should still call your primary care physician and make an appointment. If you have called your primary care physician and your appointment is longer than two weeks away, you should seriously consider visiting urgent care or finding another available primary care physician for an earlier appointment.

This general rule does not mean that you should forego or refrain from seeking medical treatment if you are unable to receive medical care within the first 7 to 10 days after an accident. There are many exceptions to and factors that affect this general rule.

Follow All Doctors’ Orders

After the accident and while seeking medical treatment, it is key to follow your doctor’s instructions. If your physician recommends that you should not work while recovering, you should refrain from working. You should always follow up or adhere to the treatment plan. If your physician recommends that you follow up in a week, or that you receive physical therapy three times a week for four weeks, it is important that you do so. Failing to follow your doctor’s instructions will likely be used against you when you pursue your personal injury claim.

If your follow-up is in several weeks, and you are feeling worse before that appointment, do not hesitate to go back sooner. While following your doctor’s advice is always recommended, consider your pain and injuries and feel free to seek additional care when needed.

Be Careful What You Say About Your Case to Your Doctor

As a practical piece of advice, your medical providers are treating your medical concerns and tend to be unconcerned by the legal aspects of your personal injury case. As such, be careful when discussing the facts and circumstances related to your accident. Far too often, we see clients’ medical records that contain notes from the doctor attempting to describe the mechanics of the car accident but failing to do so accurately. As a precaution, be careful when describing the accident to your doctor and make sure all the details you share are completely accurate.

Ask yourself: Is it important that your doctor knows each and every fact related to the mechanics of your accident, or is it essential that they only know the fact that you were rear-ended and suffered injuries as a result?

Treatment Mistakes to Avoid

Through years of dealing with insurance adjusters and evaluating our clients’ medical records, we’ve noticed some common mistakes accident victims make.

Some of these common mistakes include:

• Over-treating (continuing to seek treatment past what is deemed reasonable and necessary to reach your maximum medical improvement)
• Double treating (treating with two or more similar providers for the same injuries)
• Missing appointments (constantly canceling your scheduled appointments or not showing up to scheduled appointments)
• Having large gaps in treatment (waiting too long to seek medical treatment or having lengthy gaps between scheduled appointments)
• Not following doctor’s orders (not following up when scheduled, not using prescriptions per instruction, not utilizing referrals to specialists as needed, and not complying with home exercise plans)

These mistakes can not only delay your recovery but can also severely harm your personal injury case.

If you have any questions or concerns about medical treatment after a car accident in Durham or anywhere in North Carolina, reach out to Wallace Pierce Law for a free consultation with our personal injury lawyers.

Contact us at (919) 887-7892 or submit a free case evaluation form to get started.