Is it usual practise for defence lawyers to get their own independent medical examination?

2 comments to Is it usual practise for defence lawyers to get their own independent medical examination?

Vegalawyer

October 11th, 2009 at 9:08 pm

You should ask an attorney from the state/jurisdiction of where the accident took place.

I’m a personal injury lawyer from San Francisco, California. In California, defense counsel can request that a plaintiff receive an Independent Medical Examination (IME). The procedure varies a little depending if your getting examined for a workers compensation case, disability application or a lawsuit in a personal injury lawsuit ie., car accident, bicycle accident, motorcycle accident, etc. The New York times actually did a recent artcle on IMEs.

In California, you have a right to record the IME, have your attorney present and request a copy of their report. You also have a right to have your own expert doctor critique the report and do his own examination. IME are actually very commonly performed during discovery in preparation for an arbitration, mediation or trial.

Good Luck

Daniel Vega
JZD

October 12th, 2009 at 11:58 am

I assume you are in the UK. I also assume you have a competent personal injury solictor acting.

The situiation you describe is very common where there are on-going symptoms and an on-going loss. If you have recovered, and there is no on-going claim for loss of earnings, it would seem a bit pointless.

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