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An examiner by a medical examiner is a doctor hired by the defendant’s insurance company. This is sometimes referred to as an “independent” medical examination but that is not accurate. Instead, this examination should be called a Defense Medical Examination.

DEFENSE MEDICAL EXAMINATION IS NOT AN INDEPENDENT MEDICAL EXAMINATION

An examiner by a medical examiner is a doctor hired by the defendant’s insurance company. This is sometimes referred to as an “independent” medical examination but that is not accurate. Instead, this examination should be called a Defense Medical Examination.


Read more in this Blog Post on the topic By Douglas, Leonard & Garvey, PC.

Recommendations to prepare for the exam

1. The client must understand that the purpose of this examination is to uncover evidence that may be used against him, not to heal him.

2. Do not discuss attorney/client conversations, as those are privileged and confidential.

3. Do not exaggerate such as complaining of pain in areas that don’t really hurt

4. Do not sign anything at the doctor's office

5. Do not consent to any x-rays, lab work, or tests

6. If the examination will be performed by a psychologist or psychiatrist, do not discuss the tests.

7. The defense attorney will send the client's file. Ask the doctor to reference the medical files sent from the defense attorney.

8. The exam will be audio recorded by a nurse observe

9. The exam will not be video or tape-recorded by the defense doctor unless the examination is for neurology evaluation.

10. The doctor will not interfere with the audio taping 

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