Why Your Medical Records Are Critical to Your Asbestos Case
Asbestos cases live and die based on their evidence, assuming there aren’t procedural problems (like a plaintiff who waited too long to file their claim). Maybe the most crucial evidence in an asbestos case is medical, and that’s largely based on your medical records. They document key facts concerning your asbestos-related disease.
Satterley & Kelley, PLLC represents people injured by asbestos and family members of those killed by asbestos-related diseases. We gather a wide range of evidence to support these cases, including all the relevant medical records we can find.
Ideally, your medical records will be comprehensive and accurate. You not only need to provide accurate, truthful information to your doctor to receive the best treatment, but it also helps your asbestos case.
Medical records serve multiple critical purposes, including making the connections between asbestos and your health, how your condition impacts your life, and helping determine your case’s settlement value.
No One Will Take Your Word for It that You Have an Asbestos-Related Disease
Establishing that you’re ill, the seriousness of your illness, your prognosis, and the fact asbestos caused your problems are all essential issues medical records can prove. A company in the asbestos industry or a trust fund created to pay asbestos claims won’t trust someone seeking compensation to tell the truth.
They need to see verifiable, independent evidence that you are, in fact, suffering a medical condition caused by asbestos, like mesothelioma or lung cancer. Without medical records with that evidence, you have no case. It can be pathology and cytology reports, surgical notes, radiology reports, and notes taken by physical therapists, surgeons, psychologists, nurses, and physicians. Medical records can include information about your asbestos exposure and timelines of your symptoms and treatment.
If a loved one died of what you believe was an asbestos-related illness that was never diagnosed or treated, there must be an autopsy to determine if such a disease was present and what role, if any, it played in your family member’s death.
Autopsies are performed by forensic pathologists who will document the condition of the person’s corpse, cut into the body to take tissue and fluid samples, and, based on the examination and pathology reports, come up with an opinion on what happened to the person and why.
If this is your situation, the medical records will be the autopsy notes and report, as well as any medical records developed during the person’s life that may have relevant information about a potential asbestos-related disease. You will probably need to hire a forensic pathologist to do this work and perform the necessary testing.
Working With a Healthcare Team Experienced With Asbestos Cases Will Help Develop the Records You Need
There are important reasons to have an experienced, specialized medical team treating you, like their treatment plan may extend your life longer than expected and reduce the disease’s and treatment’s side effects.
A bonus should be that they will document all the essential asbestos-related challenges you face and discuss your condition in your records with a high level of expertise. They should also order the necessary tests to establish your diagnosis and progress during treatment. These are critical parts of the medical record roadmap that will be used for your claim.
Medical Expert Opinions are Important in Asbestos Cases. They’re Largely Based on Your Medical Records
We and attorneys representing asbestos companies and trust funds hire specialists to get a knowledgeable, expert opinion on whether asbestos caused your medical condition, how it’s impacting you, and your prognosis. These are all essential aspects for establishing liability (asbestos is to blame) and the monetary damages you should recover (including the cost of your care, your quality of life, and how long it’s expected to last).
Medical experts will go through your records, which will form the foundation of their opinions. They will also speak to you, examine you, and may order additional tests to develop their views and confirm what the records tell them or come up with something your medical team possibly missed. Medical experts testify in asbestos cases and may look at or refer to your medical records when responding to questions under oath.
Call Satterley & Kelley, PLLC, for A Free Initial Consultation
If you or a loved one are diagnosed with an asbestos-related disease, you may receive financial compensation for what you’ve endured. Call us at 855-385-9532 or contact us online to arrange for a free initial consultation with an attorney. We will discuss your situation, your best legal options, and how we can help.