Recently, I attended mediation on a case where my client was involved in a car accident. Following the accident that brought us to the mediation table, my client sought treatment with a physical therapist for neck pain and stiffness – i.e. “whiplash”.
However, in her initial visit to the physical therapist, my client never mentioned that she was also experiencing numbness in her right hand and fingers because she did not realize that the numbness may be related to the accident. So, her medical records following the accident were devoid of any mention of numbness!
A few months later, my client was diagnosed with stage 2 Peripheral Neuropathy – a condition that can be caused by trauma from an auto accident, but most of the time the etiology (cause) is hard to pinpoint.
Fast forward to present day and mediation. Want to guess defense’s first argument? You guessed it – the lack of evidence (aside from client’s word) that she experienced numbness following this accident, and that the Peripheral Neuropathy has nothing to do with the accident.
Moral of the story: If you visit any health care provider following an accident, slip and fall, etc., you need to list “all” of your symptoms, regardless of the reason you are seeing that health care provider.