Telemedicine in Personal Injury Claims

As technology continues to transform healthcare, telehealth has become an increasingly common way for patients to consult with medical providers without leaving their homes. While virtual appointments offer convenient accessibility to medical doctors, they also introduce new considerations in the personal injury context. With a trending shift towards virtual visits, it is important to identify the role telehealth plays in personal injury claims.

What is Telehealth?

According to the Center for Connected Health Policy, telehealth (or telemedicine) refers to the use of technology to provide medical services remotely. This includes video calls (Zoom or Google Meet), mobile apps, devices that monitor patients remotely, and wireless communication. Importantly, telehealth helps connect patients with healthcare providers, making medical care easier to access, more convenient, and less expensive.

The popularity of telemedicine gained rapid traction during the COVID-19 pandemic due to social distancing and lockdowns. It also helped reduce the risk of getting infected. Without question, the COVID-19 pandemic pushed the expansion and acceptance of telehealth.

Telemedicine has since become a preferred means of care for many patients. Telehealth allows personal injury victims an opportunity to consult with physicians, undergo follow-up evaluations, attend therapy sessions, and receive prescriptions without visiting a medical facility. Telehealth is likely to continue to grow in the U.S. because both patients and medical providers understand its benefits.

How is Telemedicine Used in Personal Injury Claims?

Telemedicine offers a practical solution to consistent medical treatment for personal injury victims, particularly those with mobility limitations or transportation barriers. Many people with injuries have trouble traveling to doctors. Virtual visits let patients connect with doctors from their homes. This helps injured people receive timely evaluations, which is important for both their recovery and their personal injury claim.

In personal injury cases, medical records play a critical role in establishing the nature and extent of a person’s injuries. The records from telehealth visits serve as evidence of subjective complaints of symptoms and objective diagnoses as well as the projected need for future care.

What Challenges Should Personal Injury Victims be Aware of?

Depending on the type of injuries a person suffered, telemedicine may be a good option. If there is bleeding, paralysis, broken bones, or brain injury symptoms, the injured party should call an ambulance or go to straight to a local emergency room. But if the injuries do not seem severe, it may be helpful to schedule consultation using telemedicine.

While telemedicine can be beneficial, there are a few potential limitations to be aware of.

• Diagnoses. Conditions like muscle tears or broken bones require a physical examination and/or imaging. During a virtual visit, doctors rely on the patient’s descriptions and visible symptoms, which could result in an incomplete diagnosis.
• Lack of Physical Exams. One of the primary criticisms of telemedicine in legal settings is the inability to perform a hands-on examination. For injuries requiring physical assessment, such as range of motion tests or neurological exams, telehealth may fall short unless it is paired with in-person visits.
• Skepticism from Insurers. Some insurance companies scrutinize telehealth records more closely than traditional ones, questioning their validity or thoroughness. This can lead to disputes over the severity or legitimacy of injuries.
• Jurisdictional Differences. Some states have specific laws or standards regarding the admissibility of telehealth documentation in legal proceedings. It is important for attorneys to understand how telemedicine records are handled in their jurisdiction.
• Technological Failures. Technology plays a central role in telehealth, but it can also introduce problems. For example, a poor internet connection could lead to miscommunication between the patient and medical provider, potentially resulting in errors in diagnosis or treatment.

An experienced Colorado personal injury lawyer can help you navigate these challenges and build a strong case, whether your treatment was in person, virtual, or both.

What are the Best Practices for Personal Injury Victims?

When pursuing a personal injury claim and using telemedicine as part of your treatment, here are a few tips:

• Be Thorough and Honest. Patients should treat virtual appointments as seriously as in-person visits. They should describe symptoms clearly and follow medical advice closely.
• Keep Records. Patients should save copies of appointment summaries, prescriptions, and any communication with their provider. These can support a personal injury case.
• Combine Virtual and In-Person Care When Possible. If advised by a doctor, patients should attend in-person evaluations to complement virtual visits and build a more robust record of treatment.

Contact our Colorado Personal Injury Lawyers for Help

Telemedicine is here to stay, and its role in personal injury claims will likely continue to grow. While it may not fully replace in-person care for certain types of injuries, it can still serve as valuable evidence, especially when used appropriately and documented thoroughly. For injured individuals navigating recovery in a digital age, telemedicine offers a flexible option that supports both their health and their legal claim.

At Bowman Law, we are dedicated to helping injured parties recover the compensation they deserve. If you or your loved one were in a car accident and have suffered impacts to your health, livelihood, and financial wellbeing, you deserve to be compensated and have your best interest protected against insurance companies’ tactics to offer less than you deserve. Contact the personal injury lawyers at Bowman Law to learn more about telehealth visits following an accident.  

We serve Denver, Boulder, Colorado Springs, and Fort Collins and the surrounding areas.