11 Mar Reporting Symptoms To Your Doctor
It’s important to let your doctor know if you are experiencing pain or symptoms related to your motor vehicle accident. If you don’t, ICBC may try to use the absence of notations in your clinical records against you.
In 2014 our firm represented Ms. Hill, who had been injured when another vehicle lost control and t-boned her. Both vehicles flipped, went through a barrier and down an embankment. (Hill v. Murray and Hilltop Greenhouses Ltd., 2014 BCSC 1528)
Ms. Hill suffered serious injuries in the motor vehicle accident, including a concussion. Following the accident she began experiencing memory difficulties, balance issues, dizziness and migraines, only some of which were recorded in her family doctor’s notes.
During the trial, counsel for ICBC tried to convince the judge that the lack of reference to cognitive problems in the medical records was proof that the complaints did not exist. The judge did not agree.
The judge said that he did not fault Ms. Hill for not giving a full description of her injuries to her doctor following the accident. He went on to say,
“…I accept that the recovery process evolves and that what, to the patient, appears important, unimportant, or possibly even mischaracterized due to the effects of medications, differs from time to time.”
Although the absence of reported symptoms is not necessarily evidence that no symptoms existed, it is prudent to make your doctor aware of what you are experiencing.