personal injury - employment law - commercial litigation
Be Careful Of Independent Medical Exams For Your Personal Injuries
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It is not uncommon for insurance companies, when faced with a personal injury claim, to require the injured person to submit to an independent medical examination. Let's be clear; there is nothing "independent" about the examination.
The doctor or chiropractor who is performign the examination is being paid by the insurance company for the purpose of determining that the injured person needs no further treatment, that the treatment provided is not reasonably necessary or that the injuries are not related to the accident. The same doctors and chiropractors are used time and time again; and they know where their toast is buttered.
As an attorney representing those injured in automobile and motorcycle accidents, I routinely videotape those examinations. Those doctors and chiropractors working for the insurance company don't like it much because it subjects their examination to scrutiny by other physicians who can then testify as to the mistakes made during the examination. On several occassions I have had a chiropractor refuse to conduct the examination once he learned that he was going to be videotaped.
Florida law provides that the injured person has a right to have his or her independent medical examination videotaped or recorded by a court reporter. I have used both. In order to exclude the court reporter or videographer, the insurance company or examining doctor must establish a valid reason to prohibit their presence and should only be granted in truly extraordinary circumstances.
Randall Love, PA
Attorney For Employers