IMEs (Independent Medical Exams) are conducted by doctors who regularly work for the insurance company. These doctors want to make the insurance company happy so that they can continue getting these lucrative exams referred to them. That means their reports to the insurance company tend to minimize the extent of accident victims’ injuries and mistakes can be made. On some occasions the doctors flat out lie. If that happens to you, there are several things you can do to counter the errors in the report.
- Make sure you have a copy of the report and your attorney has a copy of the report. Don't rely on verbal communication from and adjuster telling you what the report says.
- If you had a friend or family member attend the exam with you, they can serve as a witness to point out what really took place at the exam, what you said, what you stated your symptoms were, even if the doctor did not write them all down, or wrote down something that doesn't match what you said.
- If the doctor failed to take a medical history from you, tell your attorney and he will point this out to the adjuster or use it in court and negotiations with the defendant's lawyer. He will strive to point out flat out mistakes or negative remarks.
- If the IME report is extremely negative and the adjuster is relying on it heavily in denying you a fair settlement, you may want your own doctor -- preferably a specialist who has been treating you -- to write a response. Show your doctor the IME report and ask if the doctor would be willing to write a letter countering it. Be aware, however, that your doctor is likely to charge you for preparing a response. Find out in advance how much you will be charged so that you can decide whether what your doctor is willing to write seems worth the cost.
These are just a handful of things you can do when and IME doctor lies or gives a very negative report. You will want an experienced personal injury attorney such as Goldstein and Bashner to help you navigate the murky waters of an IME. We have experience dealing with these doctors and know how to handle bogus or negative reports. We will investigate the background of the doctor, his relationship to the insurance company and combat any negative remarks with using material from your own medical records. We are skilled at pointing out the flaws in these reports.
If you were seriously injured by an accident that you believe was someone else's fault, please contact our office today at 516-222-4000 for a free consultation.