Not so independent medical examinations

I was shocked a few days ago, after I spoke with my client, who is a victim of a motor vehicle accident, when I learned that a doctor, hired by defendant's insurance company, to "independently" evaluate the client's medical condition, prepared a sworn report that was completely false. What was really outrageous was that he would discuss my client's range of motion with specific percentages and numbers, as the doctor said himself, statements to be true under penalties of perjury, while his less than 10 minutes long evaluation was limited to a conversation while both the doctor and the client were sitting at the doctor's desk. He did not perform any medical exam and did not perform the range of motion test that he mentions in his report. In fact he did not even ask him to get up from the chair and yet he wrote a sworn report with very specific range of motion figures! That report is a complete lie.

The so called "independent" medical examinations, performed on request of the insurance companies of either the defendants or no fault carriers, are common in all kinds of accidents including to name just a few, motor vehicle cases, workers' compensation and construction accidents. The exams are most of the time very brief and end with a report in favor of the insurance company that wants to show that the injured person has recovered.

These medical exams, although not independent by any definition, are very important elements of every case and often are a tool for the defendants in the settlement negotiations process. If you were subjected to such an exam, where you were asked to fill out some questionnaires and than had a brief conversation with a doctor to amplify your responses, but you had no thorough physical exam, you should immediately notify you attorney. You can always contact an experienced New York personal injury lawyer for a free consultation.