Impact of Independent Medical Exam in a Long Island Medical Malpractice Case
The impact of independent medical exams in a Long Island medical malpractice case cannot be overstated. Both your lawyer and the negligent provider's insurance company may want to use an independent medical exam to get a better look at the full extent of the injuries you sustained, your current physical and mental state, or what negligence was committed in your care. A medical malpractice attorney from Duffy & Duffy could provide you with more information about how to best manage every aspect of your case, including the independent medical exam.
Understanding Independent Medical Exams for Medical Malpractice Cases
Independent medical exams are conducted by a third-party provider that does not have any existing medical relationship with the patient in a Long Island medical malpractice case. This lack of relationship decreases potential bias in the report given by that provider.
During an independent medical exam, the provider will look for several key things, including:
- The patient's injuries
- The patient's current behavior and movement patterns as related to the injury
- Any limitations the patient suffers due to those injuries
In addition, the provider will take a comprehensive look at the patient's medical history, including any records relating to the patient’s injuries. That thorough review of the medical history helps ensure the provider understands the patient's past medical treatments.
What Does an Independent Medical Exam Show?
As you consider the impact of an independent medical exam in your medical malpractice case in Long Island, these elements can influence it:
Injury Verification
In order to file a medical malpractice claim, you will need to show that you suffered some type of damage due to your provider's negligence. An independent medical exam will verify the presence of any injuries, including any ongoing limitations you may face.
Identifying Inconsistencies or Self-Limiting Behavior
Often, the insurance company that covers the negligent provider will request an independent medical evaluation to uncover any inconsistencies in your reactions or symptoms. The medical care provider may also look for self-limiting behaviors: ways in which you might limit your own recovery or prevent yourself from engaging in certain activities, even when your injury does not cause those challenges. If the insurance company can identify these issues, it can reduce the compensation the company has to pay out.
Calculating Current and Future Medical Needs
The damages you suffered due to your injuries, including your current and future medical needs, are a key part of the compensation you can recover following medical malpractice. An independent medical care provider in Long Island will go over the damages you sustained and the treatment you need in order to increase your odds of making a full recovery. That information is then used to calculate the compensation you can recover for your medical bills.
Contact an Attorney to Discuss the Impact of Independent Medical Exams in Long Island Medical Malpractice Cases
An independent medical exam is a key part of the discovery process in medical malpractice cases. That evaluation can give you a full assessment of all the damages associated with the incident and even provide a roadmap toward your future recovery. Contact a lawyer at Duffy & Duffy, PLLC, to discuss the potential impact of independent medical exam in a Long Island medical malpractice case.
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