During a defensive medical exam (DME), you will be interviewed about standard information such as your medical history, work history, and your current injury. A DME may seem like a cordial doctor’s visit, but a defense physician is not there to treat you or help your case. In fact, they may attempt to minimize your injuries or negate them entirely.
What Can I Expect at a DME?
Oftentimes, defense doctors will ask you a set of pre-prepared questions and then conduct a physical exam. The questions they will ask you typically involve questions about:
- Your physical capabilities pre-injury
- Your physical capabilities post-injury
- How your injury has impacted your daily life
- How your injury has impacted your career
- The level of pain you continue to experience from your injury
- What medical treatments you have received due to your injury
It is important to note that defense physicians may try to ask you about details concerning the accident. While you are not obligated to answer any non-medical questions, it is important to discuss what you should and should not talk about at the DME with an experienced personal injury attorney.
During the physical exam portion, the defense physician will examine the injured part of your body. They will most likely ask you to do some movements pertaining to your injury. You are not required to move in any way that will cause you pain. In this situation, it is best to tell the doctor that you are unable to perform certain functions or let them know when something hurts.
This all falls under the umbrella of being honest when attending a DME. A defense doctor will be looking to see if you are exaggerating or giving false information about your injury. This doctor will be the doctor the defense will call to testify about your injury in court. So, it is important to remember to be honest and respectful during the DME evaluation process.
Do I Need a Lawyer for a DME?
Having a personal injury lawyer present at your DME is not required, however, it is recommended. An attorney can be there to keep the doctor from asking any biased questions to entrap you into a false statement about the details of your case. An attorney can also arrange permission to record the doctor’s visit, ensuring everyone is on their best behavior.
Oftentimes, the doctor will be genuinely ignorant of your injury and medical treatments. An experienced attorney can use a doctor’s ignorance to benefit your case by educating them on how serious your injury has impacted your life. To do this, an attorney will be armed with evidence, which may include:
- Your deposition transcript
- The accident report (if applicable) e. car accident or truck accident
- Photographs or video of the incident
- Photos of the plaintiff’s injuries
- All medical billing and imaging
By providing this information to a doctor who is unaware of your case, may make it difficult for the defense physician to minimize your injury with such straightforward evidence placed in front of them. So, while a defense doctor’s job will be to be biased against you, having an attorney present can make that a difficult task to accomplish.
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 Lawyer in California
If you or a loved one has suffered an injury due to the carelessness of another, Maison Law can help you navigate the complex legal process and get you the compensation you need. Most plaintiff lawyers ignore how important defensive medical exams can be for their client’s cases. Our firm understands how to protect clients from defense tactics and use a DME to our advantage in your personal injury claim. Contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our legal services and we only get paid if we win your case.
