Wednesday, May 6, 2015

Why Is There Good Reason To Question the Credibility of Physicians Hired by Insurers and Defense Lawyers to Conduct "Independent Medical Examinations"

    The neutrality and objectivity of physicians in the business of "independent medical examinations" for defense lawyer is often questioned.  This recent experience explains why.

     A client suffered a work injury and was required to be attend an "independent medical examination."  The physician, a 77 year old retired orthopedist wrote a 16 page report and concluded that an accident had "aggravated" a pre-existing condition justifying the need for surgery.  In a second letter written 1 year later, he repeated these opinions verbatim.

    Last week, the defense lawyers noticed his deposition to perpetuate his testimony for trial.  Before the deposition, he refused to speak to me because of concern over the "legal protocol."  During the deposition, he shared that he had met 3 times with the defense lawyer, had been provided with medical records generated after his examination, and had been provided with the report of another colleague also hired by the defense lawyer.

   The end result was that his opinion had magically changed:  the injury that he had previously said was "related" was now "unrelated."

   Is there any wonder why accident victims require legal representation?  You have to play your hand smartly.  See