A defense medical examination (DME), also referred to as an independent medical examination (IME) is a routine part of personal injury litigation. It usually consists of a physical exam of your injury by a doctor approved by the defense counsel. However, a DME should not be confused with an ordinary doctor’s visit.
In many instances, DMEs are used as a weapon by the defense counsel who utilize doctors held on retainer by the insurance company. For that reason, it is important to be prepared and know what to expect from your upcoming DME.
How to Prepare for a Defensive Medical Exam
If you’re going into a defensive medical exam for the first time, it is important to know the doctor is not there to help you. The doctor has been selected by the opposing and they will pose questions to minimize your injuries. The insurance company is expecting the doctor to give an opinion that you were not hurt to the extent you claim. So, how can you prepare yourself for an examination designed to hurt your case? The following tips are designed to help personal injury victims attending a defensive medical exam:
- Review medical history: you should thoroughly review all prior and relevant medical records related to your injury. No prior medical visit should be overlooked because you will be asked about it during your examination and giving inaccurate responses about any aspect of your injury can harm your claim.
- Bring an experienced personal injury attorney: according to California Civil Procedure 2032.510, plaintiffs are permitted to have their attorney present during a DME. Having a personal injury attorney with you during the defensive medical exam ensures you are protected from improper examination or questioning.
- Know how to answer: all your answers should be polite and only answer the question that was asked. Even if the doctor comes off as conversational, it is not recommended to ramble and provide more information than necessary. Focus on only discussing facts relating to your body’s ability before, during, and after the incident occurred.
- Stand up for yourself: the doctor is not permitted to video or record the audio of the examination unless this arrangement has been agreed upon prior to the exam. You do not have to be recorded during your DME. Do not sign anything without discussing it with a personal injury attorney. You are required to give your name, date of birth, home address, driver’s license number, and social security number, but nothing else.
- Be honest: giving a false statement can ruin your claim and destroy your credibility if your case goes to court. When speaking with the doctor, give specific answers as to where you are experiencing pain and what the pain feels like. Words such as “shooting,” or “burning” are commonly used as accurate descriptors of pain.
- Ask Questions: You can ask the doctor questions about your injury. In fact, it’s encouraged because it can be beneficial to your case. A good question to ask is, “What is wrong with me?” and “What can be done to help me?” The doctor will have to provide a statement about your injury, which may be helpful to your case.
What Are Doctors Looking For During a DME?
The DME doctor will be learning the history of the accident and injury through questioning. As a patient, it is best to have your statement prepared to ensure nothing about your injury is missed. The doctor will then conduct a medical examination, which looks for the following factors:
- Your appearance: it is important to know you will be observed by the doctor and the staff the entire time you are at the facility, not just during the examination. They will be looking at how you stand, if you have difficulty walking, or going up stairs, or for any signs that indicate you are not injured.
- Signs of deception: the doctor will be submitting a report back to the insurance company, so, if they believe you are exaggerating your injury, they will report it. This could be harmful to your case, which is why it is important to always be honest about your injury.
- Objective evidence of your injury: the doctor will review your medical records, x-rays, MRI reports, and CT scans to measure the damage done to your body.
- Subjective evidence of your injury: the doctor will perform tests that require you to move in certain ways or perform certain tasks, so the doctor can measure indications of pain or discomfort.
- Contributing factors: the doctor will ask you about other ailments or injuries you have. They will most likely address any poor lifestyle choices such as a bad diet, drinking, or smoking in an attempt to contribute them to your injury.
Contact a Personal Injury Attorney in California
If you or a loved one has been injured due to another person’s carelessness, the personal injury attorneys at Maison Law are here to help you get the compensation you need. Navigating the complexities of a personal injury lawsuit can be complex and extremely stressful, but it doesn’t have to be. Our firm has decades of experience in protecting clients from improper medical exams and reaching successful personal injury settlements.
At Maison Law, we exercise every avenue of the judicial system to protect injured victims from being taken advantage of by scrupulous insurance companies. For expert legal advice, contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our services and we don’t make a dime until we’ve won your case.