Q: Wasn’t charged with OVI due to my injuries, hospital did a medical screen. Urine. Can it be used against me in lawsuit?
I came up over a hill to find an excavator crossing the road with only one warning sign a half mile back and no flaggers present I t-boned it going just under the speed limit I wasn’t suspected of or charged with an ovi or given a blood test or a sobriety test. The hospital did however do a medical screening by urinalysis due to the severity of my injuries and the fact that I required major surgery. When I go to file my lawsuit can they go back and use that medical screening against me if I tested positive for anything?
A: Claims and lawsuits for personal injury require medical documentation, so your records would be admitted to show your condition after the accident. The at-fault party/company/insurance company may try to use evidence contained in those records to their advantage, if there is information that would allow them to do so.
If you're worried, your best bet to try to combat some of those tactics would be to call a personal injury attorney, who may be able to help you with that.
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