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An independent medical examination (also known as a second medical opinion) happens when insurance companies hire a doctor to conduct a medical examination of you, the claimant. This doctor will examine you and then write a report with their opinion as to whether the injuries you suffered are related to the wreck.
An independent medical exam is requested when the insurance company disputes that your injuries are related to the wreck or when they dispute the medical treatment that you have received.
Any party has the right to request an independent medical exam. The party that makes the request for this exam is the one who chooses the examining doctor.
During the exam, the doctor will likely start out asking you questions about what happened during the wreck. They’ll ask you how your injury happened, ask about your relevant medical history, and ask about what type of treatment you’ve had for your injuries. The doctor may then conduct a physical exam and tests to measure your strength or range of motion.
If you refuse to attend an independent medical exam, the insurance company that requested the exam will go to court and obtain a court order compelling you to attend.
The court may also order you to pay any cancellation fees that the insurance company incurred when you failed to show up. If you repeatedly refuse to attend, the court may hold you in contempt of court.
Louisiana’s Husband and Wife Legal Team, Jeffrey Gennusa and Ana Rodrigues Gennusa of the Gennusa Firm in Louisiana are respected, determined personal injury attorneys.
With over 30 years of combined experience, they’ve helped clients just like you gather key, helpful information to bolster their personal injury claim, including police reports and detailed witness statements.
Have questions, or in need of legal guidance after a car wreck? Reach out to the Gennusa Firm for a FREE initial consultation today. Â
It’s very common for the independent medical exam to contradict your treating doctor’s diagnosis. After all, the doctor performing the independent medical exam is being paid by the insurance company, which may create a bias.
The law recognizes this, and judges do not give as much credibility to the opinion of the doctor who performed the independent medical exam as they do to the opinion of your treating physician.
If you disagree with the results of the independent medical exam, you have several options. You can hire a doctor at your own expense to conduct a separate, independent medical exam. You can also send the independent medical exam report to your treating physician and ask him or her to write a report of their own, detailing their thoughts.
You could also wait and allow your treating physician to give his or her opinion during deposition. Each strategy has its own risks and benefits. Complications like this are an example of why it’s important to have an experienced personal injury attorney on your side.
For more information on independent medical exams in Louisiana personal injury cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 298-1983 today.
Louisiana’s Husband and Wife Legal Team, Jeffrey Gennusa and Ana Rodrigues Gennusa of the Gennusa Firm in Louisiana are respected, determined personal injury attorneys.
With over 30 years of combined experience, they’ve helped clients just like you gather key, helpful information to bolster their personal injury claim, including police reports and detailed witness statements.
Have questions, or in need of legal guidance after a car wreck? Reach out to the Gennusa Firm for a FREE initial consultation today. Â
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