During the month of June, I am addressing common questions that get asked in our practice. Today’s Question is: What if the insurance company sends me to their doctor?
If you are sent for an adverse, or what they call an "independent medical examination," you need to talk to someone who is skilled in that area of the law. These doctors are routinely hired to see lots of people and often come up with many of the same answers. It is important that you know what you are required to do in these examinations, as well as what the doctors are not allowed to do. There are horror stories of people being injured in these examinations, forced to do things they are not required to, and being verbally abused.
On the other side, on occasion, there are some doctors who come off as being very friendly. Clients are later shocked to find out how negative the report is compared to the nice doctor who examined them. You need to keep track of how long you are with the doctor, what happens during the examination, and if there was anything strange or unusual that came up. It is also helpful to review the report with a knowledgeable attorney in order to ensure that all the basic information was taken down correctly.
These questions are not intended to replace a consultation with an attorney, nor do they take into consideration facts that may differ about your particular case. Here at the Injuryboard, we have experienced attorneys who can deal with your individual questions and best help you with your case. Feel free to get the help you need by contacting one of us.
A founding partner with Bradshaw & Bryant, Mike Bryant has always fought to find justice for his clients—knowing that legal troubles, both personal injury and criminal, can be devastating for a family. Voted a Top 40 Personal Injury "Super Lawyer" multiple years, Mr. Bryant has also been voted one of the Top 100 Minnesota "Super Lawyers" four times.
3 Comments
Steve Lombardi
We've been successful with persuading the Iowa judges to prohibit the defense from referring to their defense medical exams as independent. They aren't independent and it's misleading to say they are. A motion in limine has worked to curb that abuse. This is the kind of tort reform that is needed. Truth telling. If a client must attend a DME they need a witness with them and have that person record the times actual in the room with the doctor. That stops exaggerations about how much time was actually spent with the client. Realistically these expert witnesses are not doctors as people know them. They are not friendly and not there for the "patient", but for the insurance companies.
Daniel 8791
Thanks much to both of you men for the interesting and informative posts. Bringing the hazards and precautions of DME's into the light, is sure to be appreciated by many injured people.
Mike Bryant
All very true, thanks for taking the time to read and comment.
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