Veterans often sustain injuries and other disabilities during or after their military service. And when a veteran is injured in a passenger or commercial motor vehicle accident, previous injuries and pre-existing conditions can be exacerbated following the crash.
However, as veterans go through the process of filing a personal injury case and undergoing treatment after a collision, they may encounter issues with their medical records.
On the latest episode of attorney David Craig’s podcast, After the Crash, fellow attorney and Chief Operating Officer of Berry Law, John S. Berry discussed the challenges veterans face when pursuing a personal injury case. A prominent concern is that many veterans have incomplete or even missing medical records.
Incomplete Records
When suing a truck driver, motor carrier, or any negligent entity or person, you need to have evidence of the injuries sustained in the accident. The best way to do that is through medical records.
Medical history and records can help prove that injuries were a result of the crash and that any pre-existing conditions developed prior to the accident. They can also document the aggravation of pre-existing conditions, how your injuries impact daily life, and what medical treatment you’ll need because of the accident.
But veterans often deal with unique circumstances regarding their medical records.
Military medical records are stored with a wide variety of recordkeepers, depending on which branch of the military the veteran served with. For the most part, records are held with the Department of Veterans Affairs (VA).
Not only that, but veterans may have seen several different doctors or providers during their service or after due to frequent moving, meaning their records may not always be stored correctly. Veterans may also have service records, private medical records, diagnostic test results, and physician’s notes that must be obtained from multiple providers. As a result, securing medical records can be time-consuming and complex.
Veterans may also deal with mistakes or inconsistencies in their medical documentation. While this could be caused by the previously mentioned recordkeeping problems, underreporting of injuries can also affect records. In fact, one survey showed that of the 1,388 soldiers in one Brigade Combat Team, almost half of them chose not to report injuries to medical personnel.
While soldiers and veterans may have a variety of reasons for choosing not to report their injuries, such as feeling the need to carry on with their missions or wanting to avoid hurting future career opportunities, this can make filing a personal injury case much harder. Most importantly, it can affect your legal team’s ability to prove injuries from an accident were not sustained during military service, or that the wreck exacerbated a pre-existing condition if it’s not documented.
On the podcast, John discussed that attorneys may need to do further investigating to complete or corroborate veterans’ medical records. He has spoken with comrades or family members to confirm where some clients’ injuries originated from.
Additionally, John mentioned that it can be a challenge for veterans to receive treatments, which can also affect medical documentation and cases. Sometimes, the VA is not the best at referring patients to treatment, documenting injuries and treatments, or cooperating with an attorney to help build a case.
Many attorneys, including David and John, will hire a forensic doctor to perform examinations, in addition to a client seeing a VA doctor, to ensure crash victims receive proper care. Personal injury attorneys are advocates for their clients and should ensure they have all options available to them, not just the VA.
Ultimately, veterans’ medical records may not be correct the first time. The patient, the records, and even the VA could be wrong. The best option is for veterans and their attorneys to take the time to properly investigate their medical records to help create a comprehensive picture for the case.
Missing Medical Records
Problems with veterans’ medical records have been going on for decades. During the turn of the century, when the VA and other government agencies were working to digitize military medical records, experts cited several issues with maintaining documentation.
Regarding custody and control of medical records, experts found that the military made a habit of having a very relaxed atmosphere with a culture of expecting patients to maintain these legal documents. Because these records are technically federal property, it is legally the servicing medical treatment facility’s responsibility to keep and maintain patient records.
Maintaining these records within treatment facilities also allows physicians to ensure the quality and continuity of the care they provide. Improper record maintenance could affect finances, as well. The military is required to bill any third-party insurance companies for any care received by patients in military medial facilities. On top of that, one of the standards of hospital accreditation is keeping quality records. Missing documentation makes it difficult for facilities to substantiate patient load and medical bills.
This is a consistent issue. One prevalent example of missing records was in 2000, when this issue became a more prominent focus during an inspection where military medical facilities were given a list of Social Security Numbers for people who recently received care and asked to produce their records. Some of these facilities could only find 25% of the requested records.
Overall, military medical records belong to the government and patients are not supposed to hold or maintain them. Yet, there are no uniformly enforced rules about returning these documents to the facilities they originated from. This is an ongoing issue, especially as more and more veterans that served tours prior to record digitization search for their documentation.
Tips for Dealing with Documentation Hurdles
Unfortunately, it is likely that clients who are veterans will face problems and inconsistencies with their medical records. As a result, veterans should take the time to review all records to ensure they are comprehensive.
Check that documentation is current with recent evaluations and treatments. Keep detailed notes of all medical appointments and treatments. Thoroughly review records for completeness and accuracy. And verify that records consistently reflect the severity and impact of any injuries or disabilities.
When incomplete records are found, be sure to consistently follow up with healthcare providers to try and find completed versions. If issues persist, it may be worthwhile to seek help from VA-accredited representatives or legal experts, like John S. Berry, to effectively navigate the process of correcting records or even filing disability claims.
Fighting a legal battle following a semi-truck or other commercial motor vehicles accident can be long and hard, and dealing with inaccurate medical records can make it more difficult. But your legal counsel is there to help you take care of these issues so you can receive the best care and compensation possible.
After the Crash Podcast: A Legal Resource for Truck Wreck Victims
After the Crash is currently ranked No. 4 in personal injury podcasts. It is the highest-ranked podcast focusing on personal injury resulting from commercial vehicle and truck wrecks.
The podcast was launched nearly five years ago, in the fall of 2020, by attorney David W. Craig. It educates and empowers listeners in a digestible format. It is primarily aimed at the victims and the families of victims of semi or other large truck accidents.
It is David’s goal to equip listeners with the knowledge necessary to navigate this tough time in their lives. Anyone — truck wreck survivors, legal professionals, healthcare workers, and anyone in between — can tune into After the Crash for free.
A new episode is released monthly, featuring a guest with an important perspective. In each episode, David interviews individuals involved in commercial motor vehicle cases, or experts whose skills are crucial to understanding trucking cases.
Episodes are posted on YouTube, Spotify, Amazon and Apple Podcasts, and the Craig, Kelley & Faultless website.
Injured in a Truck Accident? Craig, Kelley & Faultless Can Help
Attorneys at Craig, Kelley & Faultless are prepared and have the experience to help victims of commercial vehicle wrecks through every aspect of their case. Our firm fights hard for veterans that have been seriously injured in semi tractor-trailer or other CMV cases.
Their team-centered approach puts client needs at the forefront, and several attorneys will work on your case to achieve the best possible outcome.
We understand the challenges facing veterans in these situations. Oftentimes, it can be difficult to see a doctor through the Department of Veterans Affairs, and it can be hard to coordinate with the VA on personal injury cases. At Craig, Kelley & Faultless, we often recommend clients receive an independent medical examination at the start of their case to help get the information they need to create a smoother process with the VA.
Reach out for a free case consultation today at (888) 253-5198 or online.
David W. Craig is board-certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, both written to help people navigate what comes next after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow safety protocol regarding speed, weather conditions, maintenance upkeep, etc.
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