From time to time you will have to visit a doctor, or more than one doctor, in relation to your personal injury claim. It is fundamentally important to make sure that what you tell the doctor (or write on any form) is as accurate and detailed as possible.

In personal injury claims, one of the biggest problems we face is that when we receive a medical report, very often the situation is not fully described, or perhaps the doctor does not believe the patient. There are a number of reasons for this, and the following are some suggestions to avoid complications, misdiagnosis, or even rejection of claims of any type of illness or injury.

For all of us, going to the doctor is something of an ordeal, particularly so if you have suffered injury, and/or if you are suffering from chronic pain.

To begin with, it is a very important to tell the doctor the whole truth, but DO NOT elaborate. Just answer the question fully and clearly.

Often, particularly in an interview situation, it is difficult to remember everything. Few of us have perfect memories; you may be suffering from memory problems or during the course of discussion, you may be led away from (and forget to return to) the topic. For a doctor to diagnose and form an opinion as to diagnosis and treatment, he/she needs to have all of the facts.

We would therefore suggest that if you can, it is very good practice to make a list of all of the things that you wish to mention before you go. That way, you can make sure that everything you think is relevant, is covered. Hand the doctor your note, so that he has everything before him. Be sure that you keep a copy of the note so that you can refer to it later if necessary.

It is fair to say that some doctors do not like this, perhaps because they feel this is contrived; however, it is your job to explain your case to the doctor. If asked why you have written a note, simply say that you tend to forget things, perhaps because of pain or medication, and wish to be sure your case is understood, and/or that you have been advised to do so by your solicitor.

So, it is important to make sure that you mention everything that troubles you, but NEVER over elaborate or exaggerate. Sometimes, there is a subconscious desire to make sure that the doctor takes you seriously, and this in turn paints a worse picture than exists. This will not help your case.

If the doctor feels that you are exaggerating, or simply not telling the truth, you may not receive the correct treatment; you may be refused benefit; your claim may be undermined or even rejected.

A good example of this is that a patient may say “I cannot do.....” (for example bend over, lift, walk etc). For some, that may be perfectly true. However, what is generally meant, is... “I can ...., (do so and so)” but if I do so it hurts so much, and I am so disabled for the next day or two, that I try to avoid doing so whenever possible”.

This is very important. If the doctor thinks you are saying that you can never bend over, and are then seen doing so, then he is going to treat you with suspicion, and perhaps even think the whole story is untrue. With any condition, it is important for the consulting doctor, or whoever is being consulted, to believe the person’s story.

If you have a broken leg, for example, it shows up on an x-ray. Other conditions may not. It may be a “hidden” condition, and it is diagnosed by reference to the patient’s complaints, and signs on examination. If the doctor thinks you are lying about or exaggerating one point, he may be suspicious of other points.

The key therefore is to listen very carefully to any question which is asked, and to answer fully and clearly, but without exaggeration.

Another thing that sometimes happens is that a patient will say that he cannot bend, but after the examination, will then reach down to put on shoes or tie up shoe laces. The doctor will notice this. Indeed, he will be observing not only what you say, but what you do, probably before, during and after the examination.

Therefore, in summary the advice is to be honest, and completely truthful throughout. If you are, then there is a fair chance that you will receive proper entitlement. If you do not, whether consciously or sub-consciously, the probability is that you will be caught out and at the very least your history will be questioned; at worst, you may be completely disbelieved.

A few suggestions for a medical consultation, whether with a GP, a consultant, or a DSS assessor, or in relation to an injury claim you:-

a) Prepare a list of important points which you consider need to be mentioned;

b) Listen carefully to any question you are asked;

c) Give a clear account of any complaints you wish to make, but without exageration;

d) If possible, take a friend or family member with you;

e) Hand to your doctor a note of your complaints and keep a copy of any note you hand to the doctor with a record of the date you handed it to him, for future reference.