If the attorney believes that the examination is noticed properly and will proceed by law, the attorney should respond with a written notice with conditions of the examination. If a Plaintiff’s attorney receives a notice to have the Plaintiff examined, the first thing that the attorney will do is ensure the physician is of the same discipline of the doctor that has treated the Plaintiff. That is why it is more accurately referred to as a “Defense Medical Examination.” What To Do When the Defense Requires an IME This is usually much more money, for much less time, than the doctor makes in his or her main practice. Many of them earn hundreds of thousand dollars to over a million dollars per year working for the defense and testifying against Plaintiffs. Usually this is a doctor who has been hired by the insurance company many times, and is an advocate for the insurer. The doctor examines the Plaintiff, writes a report and then testifies on behalf of the defense. S/He is hired and paid for by the defense – usually the insurance company. However, there is nothing “independent” about it. This examination has often been referred to as an Independent Medical Examination (IME). A Defense (Not Independent) Medical Examination Most of the time, the Courts will allow examinations by multiple physicians – especially if the Plaintiff will be calling multiple doctors at trial to testify. The Defendant may also ask the Court to have the Plaintiff examined by multiple doctors if the Plaintiff has multiple injuries that are being treated in different areas of medicine. The doctor will usually match the same type of doctor that the Plaintiff has been seeing to treat his or her injuries – if the Plaintiff has been seeing a neurosurgeon for example, the Defendant will usually require the Plaintiff to see their own neurosurgeon. Whenever a Plaintiff claims continuing injuries, the Defendant will have the Plaintiff examined by the Defendant’s doctor of choice. The examination must be conducted within 75 miles of the Plaintiff’s residence.The examination may not include any diagnostic test or procedure that is painful, protracted, or intrusive and. The law places two main conditions on the examination: This post addresses what happens when the defense has the Plaintiff examined by a doctor in what is incorrectly referred to as an “Independent Medical Examination.”Īny personal injury Defendant has a right to have a Plaintiff examined by a doctor of the Defendant’s choice. This is part of a series of blogs that discusses what a client can expect during various stages of a personal injury case.
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