Does anyone have experience with a situation where the client has retroactively gotten their medical records “corrected” and can tell me how it’ll impact the case? Client herniated discs in back 2 years ago and went to several docs (symptoms were leg and foot tingling and pain and groin swelling so he didn’t immediately know it was related to pulling his back). Some of the records mention the injury but not the first 2 doctors. Def disputes this happened on the job. (Contd below)

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Client (without my knowledge) contacted the doctors and got those first providers to change the records to include mention of work injury. The defendant has seen the old records im fairly certain (or I’d have to disclose them anyways i suppose). The new records don’t seem to say “edited.” Nervous that this update is worse than explaining away the absence of mention of the injury. Thoughts?

I have had this happen but I think only once. I settled the case but it’s not a good look. Your client of course can be subject to cross. The way to handle may be to get the doc to admit the error. If the case goes to trial I’d probably get the bad fact out of the way on direct with a quick explanation

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I have not seen this. But it sounds like a credibility issue and not dispositive. Hopefully not an issue for SJ, but not a good look.

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