by David M. Chester Ohio Personal Injury Lawyer
During litigation of an Ohio personal injury case, such as from a motor vehicle accident, the insurance company for the defendant will sometimes request that the plaintiff undergo a medical examination by a doctor of their choosing.
Insurance companies will often use the same doctors who they know tend to give them favorable opinions. These doctors enjoy the referrals given to them for doing these exams, and so in my opinion some continue to give these favorable opinions in order to keep the referrals coming.
The bias opinion of some defense medical examiner or “DME” can be detrimental to an Ohio personal injury case. That is why it is important to have an experienced Ohio Personal Injury attorney who is attune to the deceptive tactics often used by these doctors. It is also important to understand your rights when you are instructed to attend a defense medical exam.
- You are not required nor should you discuss any conversations you have had with your attorney at the medical exam. This information is privileged. The DME should not seek to obtain any of this information anyway.
- You have the right to be gowned during the entire exam.
- The DME should only exam parts of the body which are relevant to your case.
- Your attorney should have the exam videotaped so your doctor can see exactly what was done and not done in the exam. Many courts allow the taping of these doctor exams. You want your testifying doctor to look at the tape and see if the defense doctor is playing any tricks with the truth. Just videotaping the exam may tend to keep defense doctors honest.
An experienced Ohio personal injury attorney will often explain the parameters of a DME prior to your attendance. These exams are anything but independent, and hiring a lawyer who does not prepare you for the exam can destroy your case.
Chester Law Group are experienced personal injury lawyers and fully understand the process of defense medical examines and will be there to protect your rights. Call them today at 800-218-4243.