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THE DEFENSE MEDICAL EXAM
The Defense Medical Exam:
Say you’re
whacked by a car while out on a ride. You’re
hurt, maybe even have fractured bones. The
motorists fault is clear, but the insurance
company still refuses to promptly pay…. And when
they do offer to pay – it’s a low ball
settlement offer.
 May
I let you in on one of the insurance companies
little secrets…. it’s how they reduce your fair
case value. It’s called an Independent Medical
Exam (IME), better know as a “Defense Medical
Exam” or “DME”. Here are a few pointers for
injured bicyclists when faced with attending an
“IME” – “DME”:
-
 Bring
along a trained nurse or observer and record
the extent of any testing or reporting by
the insurance doctor, so you’re not
negatively redefined by a defense report or
expert testimony in court.
-
Truthfully
disclose all prior injuries or wear and tear
on your body….but distinguish it as asymptomatic….a
fancy medical term for without symptoms.
It’s the symptoms or pain and resulting
atrophy of muscle that is compensable. Even
if an old injury is aggravated – you can
still recover the fair extent of any new
injury.
-
Have your
attorney verify if you passed “Waddell’s”
credibility tests in the physical exam. If
you passed Waddell’s tests, but the positive
results were omitted by the IME insurance
doctor and you uncover this tactic,…
pointing this out in court enhances your
credibility. i.e. you were really hurt.
-
Be prepared
to explain why you’re working in pain…. for
example…. you need to pay your bills and
you’ve taken medication to work through the
pain.
-
Be prepared
to explain why there is a gap in your
medical treatment… for example …. medical
treatment is costly…. 70% of the population
is without insurance. Or it was difficult to
find a good doctor who will take a lien….
(promise to pay)….or that it took time to
get approval to see your health plan doctor.
In conclusion,
obtaining full justice often requires a
successful IME. Although there’s nothing
independent about an Insurance Medical Exam,
hopefully these tips will prepare you, when
facing off with these insurance doctors who earn
hundreds of thousands of dollars a year (and in
some cases over a million dollars a year)
conducting these “IME’s” on behalf of the
insurance industry before Juries, who are
usually never fully informed of their financial
bias.
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