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Incomplete medical records don't have to sink your case. InBauer v Clay [2025] QSC 114, a plaintiff secured $602,008 despite significant gaps in medical evidence. This analysis for personal injury lawyers examines one way to prove causation and future economic loss when your client's records are incomplete.
CLAIM TYPE: Motor Vehicle Accident
PLAINTIFF: Male, 18 years old (at date of injury), newly qualified carpenter.
INJURY: Moderate cervical spine injury assessed at 13% whole person impairment, soft tissue injuries to neck and thoracic spine, adjustment disorder with anxiety.
SUMMARY & LEGAL ANALYSIS: On 19 March 2022, the plaintiff was driving his Subaru WRX when it was struck by a stolen Subaru Impreza being pursued by police at high speed in Bundaberg. The collision was a high-velocity impact that shunted the plaintiff's vehicle violently into a gutter and fence, resulting in the vehicle being written off.
This case presented an unusual evidentiary challenge. The plaintiff attended a GP only twice following the accident: first at six days post-accident where he told the doctor he was "feeling well", and again ten months later. The plaintiff did not receive most immunisations during his childhood. Further, he had not attended a GP for the 4.5 years prior to the accident, and at trial stated that he refused to take analgesia despite his pain, demonstrating a consistent pattern of medical treatment avoidance. The plaintiff suffered from social anxiety which manifested in his refusal to see any physiotherapist other than one specific practitioner, declining to attend when substitute practitioners were available.
The trial judge found the plaintiff to be "extremely understated", "stoic", and "quietly spoken" in his presentation. Significantly, rather than viewing these characteristics as diminishing the plaintiff's credibility, the judge found they enhanced it.
The defendants properly conceded that the plaintiff had suffered injury after observing his impressive evidence. The court awarded $602,008.14 despite the sparse medical records.
The judgment turned on several key findings:
- objective evidence of accident severity through dashcam footage and vehicle damage documentation;
- the plaintiff's enhanced credibility through understated presentation;
- satisfactory explanation of medical record gaps through anxiety-driven avoidance consistent with pre-accident pattern;
- physiotherapist documentation of cervical range of motion loss; and
- clear temporal connection between accident and symptoms.
OUTCOME: WON: $602,008.14
For practitioners, this case establishes that gaps in medical records do not defeat claims where treatment absence is explained by psychiatric conditions like anxiety. A plaintiff's credibility and understated presentation can overcome medical evidence deficiencies. Pre-accident behavioural patterns provided powerful support for explaining post-accident gaps. Objective accident severity evidence can substitute for some medical gaps. Social anxiety preventing treatment is recognised as valid explanation rather than malingering indicator.
DECISION: Bauer v Clay [2025] QSC 114
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
