Negating the healthcare system in Ontario can be complicated at the best of times. Following an injury, those feelings are understandably magnified and while the hope is that your family physician will be supportive of your recovery, that is not always the case. Having your own doctor, who can often be your most compelling ally, certainly goes a long way but is not the be all and end all when it comes to advancing a successful personal injury claim.
Following a motor vehicle accident, slip and fall, or other serious injury, it is not uncommon for individuals to become frustrated with their medical care and in some instances, family doctors are reluctant to complete insurance applications or be involved in litigation at all. Some may even, unintentionally minimize chronic pain complaints and disagree with the extent of a patient’s limitations. The reality is, these physicians, in many cases are overworked and operate under a crowded OHIP system but their reluctance to advocate does not automatically mean the patient is exaggerating or being dishonest.
Your Family Doctor Is Important — But Not Determinative
In Ontario, courts (judges and juries) and insurers assess cases based on the totality of the medical evidence. Given the length of their relationship with any given patient and the fact that they don’t “have a dog in the fight” per se, the opinions of family doctors are certainly a big but not the sole piece of the litigation puzzle. Often times, the key is to build a strong relationship with your family doctor over time so that he or she is comfortable making the necessary referrals to the most suitable specialists. As always, the records will tell the story, which means it is imperative, that any perspective plaintiff mitigates his or her loses and does not feel the need to “be strong” and minimize their symptoms to any treatment provider.
In many cases, individuals continue to experience very real pain impairments even where objective imaging appears “normal”, so keeping detailed notes over time and speaking to friends and family about the daily impact is critical. Insurance companies will carefully review medical records for statements that appear inconsistent with the claim, which is why consistency of not only treatment but the reporting of symptoms becomes critically important.
Every Case Depends on the Evidence as a Whole
There is no automatic rule that a personal injury claim fails simply because a family doctor is unsupportive. Some very strong cases involve conflicting medical opinions, particularly ones that do not reveal objective diagnostic findings. The key will always be whether the evidence, viewed as a whole, supports the conclusion that the accident caused the reported symptoms and injuries alleged.
Individuals facing these challenges should obtain legal advice early to ensure the proper medical and evidentiary foundation is being developed throughout the course of the claim as early as possible.
As they teach you on day one of law school; “Get it in writing, get it in writing, get it in writing.”
