What is an independent medical exam and how will it affect my case?

If the at-fault insurance company refuses to offer a reasonable amount to settle your case and you choose to go forward with litigation, the insurance company may exercise its right to have you examined by a doctor of their choosing. Civil Rule 35 of the Kentucky Rules of Civil Procedure provides for the legal right of the at-fault insurance company to ask for the medical examination. Although the rule says that the medical exam must be requested, I know from 25 years of practice that the Court will grant the request 100 % of the time when the injuries are in dispute.

The doctor performing the medical examination and the at-fault party may refer to the examination as an "independent medical examination," but the reality is that the examination is anything but independent. Typically, the physical examination is very brief–sometimes only 15 min.–and the fact that the doctor is being paid a significant amount of money to perform the examination and testify is evidence that the examination is not independent or unbiased. Frequently, the doctor performing the examination will reach conclusions that cannot be supported by physical findings and the medical records. Often, through cross examination, the doctor performing the medical exam will provide helpful testimony for the accident victim. It has been my experience, that if a treating doctor  reaches a certain opinion and that opinion is contradicted by the at fault party's doctor, juries will typically follow the treating doctor's opinion.

it is a certainty that the doctor performing the medical examination will reach the conclusion that the motor vehicle accident did not cause the claimed injuries or that the accident victim simply does not have any injuries.  This  opinion can be effectively countered by the bias of the doctor. However, if the accident victim tells the doctor something that is contradicted by medical records or the victim's deposition testimony, then the doctor can provide testimony that will significantly damage the accident victim's case.

 if you have a case where the insurance company does not believe your injuries, you can expect that litigation will be necessary to resolve your claim and that a medical examination is probable. You will need an experienced motor vehicle accident attorney to maximize your recovery. The Kentucky Auto Accident Attorney offers you over 25 years of experience successfully litigating and resolving motor vehicle accident cases. You can contact the Kentucky Auto Accident Attorney law firm by clicking here or by calling 502-241-8000 or 859-367-0036.