April 11, 2014 07:53:44
Posted By John Reilly
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In certain personal injury, disability, workers' compensation and
other type claims, the defense or the insurance company will
request that claimants submit to so-called "independent" medical
examinations or "IMEs". Many of these are performed by health
care professionals who try to do this in a professional manner
and give their honest opinions. Unfortunately, some seem to have
developed a significant stream of income for performing this type
of service - and the defense seems to frequently use them since
they invariably question or rebut the cause, nature or effect of
the claimant's condition or injuries.
Today's topic is PREPARATION for the IME. As a general overview,
a claimant must keep in mind that the IME is taking place because
the defense has questions or suspicions about your condition.
Before going you should talk to your legal advisor (if you have
one) and there are numerous tips they can give you as well as
several videos that have been produced over the years to
demonstrate a typical IME and how the process works.
You should have someone accompany you to the doctor's office and
have them take notes about the time you arrive, the time you
actually see the doctor, how long you are with the doctor, and
when you leave. You should only sign documents if your legal
advisor indicates that it is OK to do so.
When going to a doctor who invariably finds claimants to be
exaggerating their conditions, it can make sense to schedule a
visit with your own doctor on the same day. There are sometimes
incredibly interesting differences in reported physical findings
(such as range of motion, gait, etc.)when different doctors
examine clients on the same day and this can call the IME
findings into serious question.
It is not a good idea to try to secretly record the visit with an
IME doctor. First, it is not legal in many states. Secondly,
even in "one party consent" states, quality recordings are
difficult to make when partially undressed and, finally, under
good cross examination a claimant making the recording can be
challenged and legally attacked in a variety of unpleasant ways.
Although many judges and courts frown on it, sometimes we have
obtained court permission to videotape the examination and have
had no difficulty with admitting the video at hearing or trial
since prior permission was obtained.
More tactics and tips will follow. John
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