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

You have just filed a Massachusetts personal injury lawsuit to seek compensation for your injuries. But the defendant or an insurance company is requesting an independent medical exam. What does this mean for you and your case?

Definition of Independent Medical Exam

An independent medical exam is just what it sounds like: an assessment by a third party physician to determine the extent and scope of your injuries. Defendants frequently ask for an independent medical exam in order to get an opinion other than the one issued by your doctor.

Such an exam might also be ordered if the defense suspects some sort of fraud on your part or bias on the part of your physician. You should not take this as a personal insult or an indication that the defense believes you are lying. Whenever significant sums of money are at stake, the opposing side will do everything it can to ascertain that the injuries you sustained are genuine and worthy of compensation.

Another common reason to request an independent medical exam is to allow the defense to choose a physician which might skew the diagnosis in the defendant's favor. Opposing attorneys may try to challenge many aspects of your doctor's exam report, including:

• The seriousness of your injuries
• Whether the injuries were caused by the accident in question
• The relevance or necessity of the tests performed to diagnose your injuries
• The recommended treatment of your injuries
• The recommended post-treatment therapies for your injuries
• Any of the costs you incurred from your medical treatment

Even if you believe that the doctor is biased toward the defendant, you should never lie about or exaggerate your injuries during an independent medical exam. This will only weaken your case in the long run.

Proceeding with an Independent Medical Exam

Next, it would be in your best interest to consult with an experienced Massachusetts personal injury attorney that specializes in cases similar to yours. It is important that the lawyer has handled cases and that involve independent medical examinations.

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