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Even if an insurance company accepts that you sustained an injury or became sick because of legally actionable malpractice by a doctor they represent, that does not mean the insurer will agree with you about exactly how bad your injury or illness is. One of the most common methods for resolving this type of disagreement is having a third-party doctor conduct an independent medical examination (IME).
If you have strong grounds for a claim, your IME may reinforce your assertions. However, the impact of independent medical exam in a Uniondale medical malpractice case can sometimes be decidedly unfavorable for the patient. If the doctor who examines you inaccurately assesses your medical condition, a skilled medical malpractice lawyer’s support could be vital to correcting the record and enabling you to obtain the compensation you need.
The ostensible purpose of an independent doctor’s examination in your Uniondale malpractice claim is to obtain a neutral opinion about your medical condition that both sides can refer to during settlement talks. To form this opinion, the physician performs various tests and asks you several questions to determine exactly how malpractice has harmed you and ascertain whether you are lying about your condition’s negative effects or exaggerating them.
This does not prohibit you from emphasizing certain aspects of your injury or illness or mean you should try to mislead the examiner in any way. Guidance from our firm’s knowledgeable legal professionals could be key to presenting your situation truthfully and clearly to the examiner and reducing the possibility of subjective interpretation of the facts.
Unfortunately, some physicians who perform IMEs during malpractice cases may not be completely independent, which could affect the outcome of your Uniondale exam. Insurance companies that request IMEs have the right to choose which doctors perform the exams. Since insurers often work repeatedly with the same physicians, some of them might feel it is financially advantageous to produce exam results that are favorable to the insurance companies.
Fortunately, the examiner’s word is not law—it is one perspective on your injuries. You have the right to challenge the doctor’s findings with your own evidence and expert witnesses’ testimony. In addition to helping you prepare for your IME, our legal team could work on your behalf to contest certain aspects of the examiner’s report if necessary.
Ideally, the impact of independent medical exam in a Uniondale medical malpractice case is that it helps prove a doctor’s negligence harmed a patient to a specific degree and that the patient deserves the restitution they are seeking for that harm. However, there is no guarantee that this will be the outcome when you undergo an IME, especially if you are not prepared to proactively protect your best interests before, during, and after it.
Our experienced lawyers at Duffy & Duffy, PLLC, could provide crucial support through this and every other step of your malpractice claims process. Call us today to schedule an initial consultation.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
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.
