One of the seven deadly sins is a lapse in treatment.  That means an unexplained long period of time between medical care.  When a lapse in treatment occurs, the defense will argue that because of a lapse in treatment the following are true:  You must not be hurt that bad; your pain was not that bad during the lapse; you did not do enough to get better since you did not get care during the lapse; you did not follow you doctors advice.

When a lapse in treatment occurs you will need to explain why the lapse in order to bolster your claims.  For example, is the lapse fully supported by the medical record?  Did the doctor say don’t come back for a certain period of time?  Also, what self care did you do during the lapse?  In many situations, self care perfectly reasonable, particularly when the doctor has provided exercises for you to perform.  Therefore, step one is follow your doctor’s advice, and don’t allow a gap in your treatment unless the doctor specifically recommends it.  Step two is, when the lapse occurs be prepared to explain it, and prove that it was reasonable and necessary.

Peter J. Bartinik, Jr.
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Civil Trial Attorney, Practicing Law in Connecticut