Defense medical examinations are becoming increasing utilized as a matter of course in personal injury cases. Although sometimes alternately referred to as an independent medical examination, make no mistake: a DME is the defense’s one chance to subject you to an examination and find evidence that is contrary to your version of the case.
The Examining Doctor
The doctor chosen by the defense often becomes an expert witness against you. It should come as no surprise, therefore, that he or she typically is biased in favor of the defense, and the same doctors are used over and over again by the same insurance companies. This realization makes it imperative to know how best to handle the DME.
Your Demeanor
You should relax as much as possible, act politely and be attentive to all that is occurring around you. It is important to listen carefully to the questions asked of you and answer only what is asked. Be descriptive and detailed about your injuries, but do not exaggerate.
Remain Focused on Your Medical Condition
Some preliminary questions regarding how you were injured are reasonable, but be alert to the doctor probing into details of the accident. Some doctors try and help the defense in any way possible. Politely decline any attempt citing advice of counsel as the reason.
Create Your Own Record
It may be beneficial to bring a family member or trusted friend along with you to the DME; this person can provide information should a discrepancy arise between the doctor and you as to what occurred at the examination. Immediately as practical after the DME, you should write down everything the happened, including times, how long the exam took, what was said and anything else you consider important. Provide your attorney with a copy.
Contact Champaign Personal Injury Attorney for Legal Advice
There is a good chance that the DME doctor will conclude you are not as badly injured as you claimed or not injured at all. It is important you have counsel that understands how to counter this tactic. Call McCarthy, Rowden & Baker, Champaign personal injury lawyers, at (800) 373-60050.