There have been recent discussions concerning the propriety of surreptitiously videotaping IME examinations. Alice Spitz’s Nov. 20 article “Law Does Not Support Videotaping IMEs” is flawed for not recognizing that the ultimate purpose was to protect a vulnerable, honest plaintiff from a certain notorious insurance doctor, who gamed the system for profit. The anti-videotaping argument never addressed the allegation that the doctor felt free to knowingly perjure himself since there was no objective observer at his medical exam who could contradict his testimony. Videotaping plays a salient role in insuring the integrity of the evaluation process.
Examining doctors are hired for the purpose of performing medical exams on behalf of the insurer. Truthful testimony by the examiner would not trigger the introduction of the videotape as impeachment wouldn’t be warranted. Contrary to Spitz’ point of view, the camera would be the only objective observer present in an examining room and should be an accepted practice to monitor and ensure truth in fact. If the plaintiff is a “malingerer” or “exaggerator,” the camera lens will allow the fact finders to make that judgment which, in turn, may even bolster the credibility of the IME doctor. It would also guard against sham exams that take less than two minutes to conduct and fail to reflect the actual limitations or visible impairments that are often contradicted by the examiner.
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