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Doug Landau
Doug Landau
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Insurance and Defense Lawyer Medical Exams – Getting the Last Word

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If you have read the last several posts, you have prepared for the Insurance Medical Exam (the "IME") and the report is unfavorable. The reasonableness of your medical care, the necessity of the treatment, the costs and the causal connection to your car crash are all called into question. What can you do ?

Your next strategy is to have a medical examination by a doctor whom you get to choose or have an appointment with your treating doctor. If the IME doctor does not correctly report your injuries, your own unbiased physician can present a more credible description of your injuries. Your attorney can tell you how to arrange an examination from your own doctor, and advise you on who should attend the exam and how to create a record of it. Your legal counsel may have specific questions for our doctor and may also send a copy of the insurance medical examiner’s report for comment, so that your attending doctor gets "the last word."

Finally, in some cases a judge can order a truly independent medical exam. This typically occurs when mental or physical injuries are in dispute. If the parties are at odds as to which physician to use, the court may decide the physician. In some instances when an exam is compelled, the injured party’s attorney may be allowed to attend the exam as well. Your personal injury attorney can protect you from the pitfalls of the Insurance Medical Exam. Let his or her knowledge of the rules make sure you get a square deal.