Lapse in Treatment

What Is a Lapse in Treatment?

A lapse in treatment refers to a delay or gap in the medical care a person receives after sustaining an injury. This may occur due to financial constraints, lack of access to care, or personal choice. Lapses in treatment are common in personal injury cases but can complicate the process of proving causation and the extent of damages.

Insurance companies and defense attorneys often use treatment gaps to argue that injuries are not as severe as claimed or that they were caused by unrelated factors.

Why Is a Lapse in Treatment Important?

Lapses in treatment are important in personal injury cases because they can weaken a claimant’s case. Gaps in medical care may suggest that the injury was not serious or that the claimant failed to mitigate damages. For plaintiffs, consistent and documented treatment is crucial for substantiating claims and ensuring fair compensation.

However, legitimate reasons for treatment gaps, such as lack of insurance or unavoidable delays, can be explained with proper documentation and expert testimony.

Additional Considerations

When addressing a lapse in treatment in personal injury cases:

• Reason for the Gap: Provide evidence explaining the delay, such as financial hardship or limited access to care.
• Resumption of Care: Document all subsequent treatment to show the ongoing impact of the injury.
• Expert Testimony: Use medical experts to confirm the injury’s connection to the incident despite the treatment gap.

Lapses in treatment highlight the importance of consistent medical care and thorough documentation in personal injury claims.

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