A treatment gap is an interval during which a claimant received no care for the injury despite claiming ongoing symptoms. Gaps may occur between the incident and first treatment, or in the middle of a treatment course.
Explanations include cost, lack of insurance, transportation, symptom improvement, and provider availability.
Alternative Names:
Treatment Gap, Break in Treatment
Why it Matters?
Gaps are among the most effective damages arguments available because they are objective and easy for a jury to understand: a person in significant pain generally seeks care. The plaintiff response is usually financial, which is why the defense should establish through discovery whether the claimant had insurance and whether treatment was available. A gap immediately after the incident is more damaging than one later in the course.
Frequently Confused with
Related terms
Frequently asked questions
How is a treatment gap used at trial?
What is the usual plaintiff explanation?
