How Independent Medical Evaluations Affect Personal Injury Claims

In personal injury cases, insurance companies may offer to provide an independent medical evaluation. On the surface, this may sound like a fair practice, but these evaluations are rarely neutral and are often used to counter the medical opinions and tests of the injured victim's physician. The goal, of course, is to cast doubt on the validity of the claim.

Because independent medical evaluations are paid for by the defense, plaintiffs often view them as an opportunity to receive a free exam. But generally, examiners are biased and aim to protect the defense, as they are the ones paying for the examination.

Physicians conducting the examination are not given the freedom to discuss unrelated injuries or illnesses. The focus of the evaluation should be on the current injury and its potential causes. But in many cases, examiners will inquire about the plaintiff's medical history in an attempt to establish a previous illness or injury as the cause of the current injury. Plaintiffs typically overlook this tactic, as it is common for physicians to ask about medical histories.

The examining doctor will provide a written report of the evaluation. Both sides have the right to review the exam results and receive a copy of the report.

"These evaluations are often used to counter the tests and medical opinions completed by the individual's personal physician and can cast doubt over the veracity, severity, and overall impact of the individual's injuries," writes Cogan & Power, P.C..

If an independent medical evaluation is required, plaintiffs can take steps to protect themselves and their claims. Attorneys should work with their clients to ensure that they are prepared for the appointment.

Ideally, the plaintiff should bring someone with them during the evaluation. A friend or family member should be present during the examination and record conversations with the doctor, if legally allowed to do so. It's not uncommon for these examiners to claim that the plaintiff is being "uncooperative" or showed up late to the appointment to damage the credibility of the plaintiff.

If there are disagreements about the examiner's report, the plaintiff has a witness to refute those claims and explain what happened during the exam.

Plaintiffs should also avoid filling out paperwork for the doctor, as this can be used against them. Plaintiffs are not required by law to fill out paperwork or do anything else.

It is possible for attorneys to file a motion to videotape the examination, which can help combat some of the most common tricks doctors use to damage the claim's credibility.

Plaintiffs should be honest during the evaluation, but they should also keep in mind that the examining doctor's intention is to prove the insurance company is not responsible for the injuries. The plaintiff should give 100% effort if asked to complete a task to minimize the risk of the doctor claiming he or she is faking it. Additionally, plaintiffs should arrive on time, and be courteous to the doctor and staff.

Failing to prepare for an independent medical evaluation can have disastrous effects on a plaintiff's case. Attorneys should take steps to prepare their clients for these exams by helping them understand the best ways to answer questions.