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When the Opposing Side Requests an Independent Medical Exam (Part B)

In most cases, if the defense wants an independent medical exam, a judge will agree to it. Your attorney will work with the other side to reach a consensus on an examining physician, the date and time of the appointment and the location where the independent medical exam will take place.

You do have some rights when it comes to your independent medical exam, such as:

  • You will not be required to pay for the examination
  • You will not be asked to travel an inordinate distance to attend the exam
  • If your injuries are already healed, you probably won't be asked to undergo an exam

Keep In Contact With Your Lawyer

It is vital to remain in contact with your personal injury attorney throughout the entire independent medical exam process. Your lawyer may tell you:

  • Specific information about the physician who will be examining you
  • To emphasize certain aspects of your injuries or disabilities to the doctor
  • To refuse certain tests or procedures which are inappropriate for this exam
  • To take notes after the exam is complete about what happened (or to make a timeline of the events which took place) during the exam

On The Day of Your Independent Medical Exam

When the day of your independent medical exam arrives, you should treat it as just another doctor's appointment. Confirm that you know the location of the doctor's office before you leave for the meeting. Make sure you arrive on time for your appointment (or several minutes early, if possible)

Be polite and honest with the physician who is examining you. Be sure to tell them all of the details about your accident and the subsequent injuries. If there are any X-rays, test results or other documentation that you have from your initial exam, bring that information with you.

There are certain subjects regarding your Massachusetts personal injury lawsuit that you should not discuss with the doctor conducting the exam. These include:

  • The status of negotiations concerning a settlement in your Massachusetts personal injury lawsuit
  • Communications and correspondence with your attorney about the case
  • Your opinions about how responsible the defendant is for your injuries

If you have any questions about what you should and should not talk about with the doctor, the attorney handling your Massachusetts personal injury lawsuit will be able to answer them.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.


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