When an injured person’s attorney files a personal injury lawsuit, the attorney hired by the insurance company for the at-fault driver will often request that the trial judge allow an “independent medical exam” of the injured person. This is a medical examination of the injured person conducted by a physician hired by the insurance company. The theory behind the request for such an exam is so that the insurance company’s doctor can render an opinion as to how severely the person is injured. Here are some key points to remember when considering these exams:
1. Ordering this exam is not automatic. It is up to the discretion of the trial judge whether such an exam is permitted.
2. There is nothing “independent” about the exam. These examinations are conducted by doctors well paid by insurance companies to minimize the injuries that persons have sustained in a car crash or other type of injury due to someone’s negligence.
3. In some cases, the insurance doctor will attempt to instruct the injured person to make certain bodily movements in an attempt to show that the person is faking or exaggerating his injury.
4. An experienced personal injury attorney will carefully prepare her client to attend such an examination so as not to interfere with the successful prosecution of the personal injury case.