Section 32 Medical Records

• Library: Damages 2012

An effective and often-used way of illustrating to a jury that an injured plaintiff is exaggerating pain is to demonstrate that the plaintiff had a preexisting condition or had made similar complaints before the date of the injury. For example, if the injury in issue involves the back, it is not at all uncommon for the injured plaintiff to have seen the family physician for other minor back problems or flare-ups in the years preceding the date of the accident. This medical treatment is usually irrelevant...