In most personal injury lawsuits, the defendant has the right to have the plaintiff submit to a physical exam by a doctor of the defendant’s own choosing. As a matter of fairness, it is only right that the defense should be able to challenge the nature and extent of the plaintiff’s claimed injuries by having their own physician conduct an exam of the plaintiff. To the extent the plaintiff claims the injuries are permanent and will be a source of pain in the future, the defense ought to have the opportunity to confirm or challenge that claim. If the defense claims that the plaintiff is exaggerating his injuries, the defense can call their physician at trial to offer proof in support of that position.
While the theory behind the need for an independent medical examination (IME) makes perfect sense, the reality is that there has been a history of deceit and abuse on both sides of the fence. There have been times when a plaintiff has exaggerated her injuries just as there have been times when an examining doctor has minimized his findings or offered an opinion that was less than honest. Regardless of whether one represents the plaintiff or the defendant, it is the responsibility of the trial lawyer to challenge the physician at trial to expose such deception.
Defendant’s Approach
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
