San Diego Personal Injury Trial – Defense Medical Exam
If you have been in a car accident or suffered personal injury in some other way and you have sued the responsible person, you will likely have to submit to a defense medical exam or DME. Ok, the real name of it is a Independent Medical Exam or IME. I refer to it as a DME because it is performed by a doctor paid for by the defense and so in my mind not truly independent. California Code of Civil Procedure Sections 2032.210-2032.620 govern the DME.
The Defense Medical Exam is one of the most important parts of a lawsuit. The reason it is one of the most important parts of the lawsuit is that the doctor examining you is most likely the doctor that the defense will use at trial to say you are not really hurt, you not hurt as bad as you claim, or that you should have been better in a few days. Remember, people (juries) tend to believe doctors. So what the defense medical exam doctor says about you at trial can dramatically effect the outcome of your case.
Ok, so now you understand it is important but what do you do about it?
- Always remember that ultimately the defense is paying this doctor to find that you are not hurt very bad – the doctor is not on your side
- Do not minimize your injuries (too many people act like a tough guy in these exams and minimize their injuries – this is time to let the defendant know just how badly you are hurt)
- Do not overstate your injuries (remember the person examining you is a doctor and will know when you are exaggerating and will hold it against you)
- Expanding on 2 and 3 – be very clear about your injuries
- Do not involve yourself in a conversation with the doctor that has nothing to do with your injuries as the defense doctors can and will find a way to use this to hurt your credibility
- Always remember that ultimately the defense is paying this doctor to find that you are not hurt very bad – the doctor is not on your side (I know I repeated this but is that important)
If you have a Car Accident or Other Personal Injury case in San Diego, California, there is a good chance that you will see one of a handful of doctors. This really should not be surprising, once these doctors know what the defense attorneys want and give it to them, the doctors will be hired over and over. The doctors can often make as much money doing these exams and testifying at trial as they can in their normal practice (this brings us back to number 1 and 6 above). But this is not always a bad thing. If you have hired an experienced personal injury attorney, he will have information on the doctors that testify regularly that will be helpful at trial.
Another recommendation that I have is that you make sure your attorney send a letter to the doctor ahead of time confirming that the doctor has all of your applicable medical records and any other information he needs for the exam. The reason for this is that the exam should only be about your current condition and not your medical history or what happened the day of the injury (that is what the deposition is for and the defense has no right to make you go through that again – especially if they are doing to find inconsistencies to use against you.
Finally, encourage your San Diego personal injury lawyer to send someone from her office to attend the DME with you. This is important because what you remember happened and said at the Defense Medical Exam and what the doctor says you said are often different. At trial, it is just your word (someone trying to get money through a lawsuit) against a doctor (a respected member of the community). Having someone there with you and the doctor will help ensure that the story told by everyone at trial will be what really happened.
This post is the first in a series of what people involved in a lawsuit because of a car accident or other personal injury can expect during the lawsuit. Check back often for more updates.
I also want to make clear that most doctors out there that do defense medical exams are respectable and honest. You can expect them to examine you and give a fair assessment. There are some (like in all professions), however, that will not. They will almost always say a plaintiff is not hurt very bad and should have recovered in a few weeks. It is because of those few doctors, that I provide the advice here.
We are San Diego Car Accident Lawyers and San Diego Personal Injury Attorneys dedicated to helping those injured by the carelessness and negligence of others. We have represented many auto accident victims and if you or a loved one has been injured in San Diego, please call us today at 619.615.0767 or visit website at San Diego Auto Accident Attorneys for a free consultation.
