When you file a medical malpractice claim, you are asking the court to recognize that a medical provider harmed you. Because medicine is so technical, both sides in your case will rely on specialists’ evaluations to explain what went wrong. One of the most important—and sometimes most frustrating—parts of the claims process is the independent medical examination (IME). Discussing the impact of an independent medical exam in a Long Island medical malpractice case with our lawyers could help you prepare for your IME.
At Duffy & Duffy, PLLC, we know that undergoing an IME can be stressful. Despite the name of the exam, the doctor conducting it is not truly independent. Our medical malpractice attorneys could protect your legal rights throughout the exam process, make sure it is fair, and challenge the doctor’s conclusions if they are biased.
An IME is a medical evaluation performed by a physician who has not treated you before. The defendant’s insurance company or legal team usually chooses and pays the doctor. The purpose of the exam is to assess your condition, your treatment, and the extent of your injuries.
These exams are rarely impartial. The doctor who performs your IME is working for the other side, not for you. The examiner’s report can strongly influence your medical malpractice case by helping the defense argue that your injuries are not as serious as you say they are or that they did not result from malpractice.
Our Long Island team could review the IME request and make sure the exam does not have a negative effect on your medical malpractice claim.
The results of an IME can influence your case in several ways. The defense may use the doctor’s findings to assert that your condition existed before the malpractice occurred or is unrelated to it. The defense may also use the differences between your statements and the doctor’s observations to challenge your credibility and may argue for reduced compensation for your pain or long-term care if the report minimizes your injuries.
The medical malpractice attorneys in Long Island could look for inconsistencies or omissions in the independent medical examiner’s report that might affect your claim’s outcome. If necessary, we could work with trusted medical specialists who could provide detailed, accurate assessments to counter the defense’s findings. We could create a full and truthful description of your condition and its effect on your life.
Preparation makes a difference. To prevent your IME from negatively impacting your medical malpractice claim, our Long Island lawyers could review your medical records with you beforehand and explain what to expect during the exam. We could make sure the examiner follows proper procedures during your IME and does not overstep their authority.
If necessary, we could identify details in the examiner’s report that suggest they ignored facts or drew unsupported conclusions and then present solid medical evidence to correct the record and strengthen your case.
The impact of an independent medical exam in a Long Island medical malpractice case can be serious, but it does not have to determine the claim’s outcome. If you must undergo an IME during your malpractice case, our experienced legal team could guide you through the exam process and protect your rights.
Call Duffy & Duffy, PLLC, today to schedule a free consultation. Our lawyers understand how IMEs work and know how to challenge unfair findings. We could protect your story, defend your health, and help you seek the compensation you deserve.
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Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.