Believe it or not, doctors lying during a defensive medical exam is a common scenario for most clients involved in personal injury cases like slip-and-fall cases, workers comp cases, and truck accident cases. For example, a doctor could spend five minutes reviewing your injury and asking you questions, but in their report, they could include they spent an hour with you going over your injury. These types of inconsistencies are very common in a DME’s report.
Common DME Deceptions
Some DME doctors will do anything to minimize an injury and negate the pain they’re experiencing, even if it means lying. For example, if you get into a car accident and have terrible back pain due to a herniated disc. You tell the defensive physician about your injury and the pain you’re experiencing. They may agree with you about everything you’ve experienced, but in their report, they may say you never reported back pain during the evaluation, so your injury must not be that serious.
Insurance companies love doctors who will say whatever is necessary to reduce their costs. And it is a proven fact, as some doctors have admitted, that defensive physicians have made millions of dollars off of doing insurance company examinations. So, as a plaintiff, what can you do if a doctor lies during your 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.
Cross-examining a Defensive Medical Evaluator (DME)
If your personal injury lawsuit goes to trial, your personal injury attorney will be allowed to cross-examine the defensive physician. This has the potential to keep most DMEs honest, but since less than 5% of all civil cases make it to trial, most defensive doctor can rely on their opinion never being questioned in front of a judge and jury.
However, any case has the potential to go to trial, so your lawyer must be prepared to cross-examine the DME. An experienced lawyer will question the following during a cross-examination:
- Legitimacy of the report: there may be discrepancies between the DME’s report and your medical records. An attorney will use this to question the doctor’s medical opinion and highlight weaknesses in their assessment.
- The examination process: an attorney should question whether a comprehensive examination took place, or if the examination was limited in any way.
- Potential bias: since the DME is hired by the defense, an attorney will highlight that fact and show how it may have influenced their evaluation.
- Present medical evidence: if a DME disagrees with another treating physician’s diagnosis, an attorney will examine all medical records and question the DME’s rationale if they’ve reached a differentiating conclusion.
Seek Counsel from a Personal Injury Lawyer in California
If you or a loved one has suffered a personal injury due to the carelessness or recklessness of another, the attorneys at Maison Law can help. Our firm has years of experience in protecting clients from being taken advantage of by insurance companies and reaching successful settlements. 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.
