In virtually every personal injury case, the defense is entitled to have the plaintiff examined by a doctor of its choosing. Indeed, most preliminary conference orders direct the attorneys to spell out the type of physician who will conduct this exam. They further order the defense to provide plaintiff’s counsel with a copy of the report generated from that exam.
It is when this report is received that the plaintiff’s lawyer should begin to scrutinize that report for what it says and just as importantly, for what it does not say. Obviously, inquiry must be made as to what the report says about the history of the accident, the nature of the treatment to date, the types of tests and examination conducted by the examining doctor and the examining doctor’s opinion as to diagnosis and prognosis of plaintiff’s condition.
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