Hello my name is John Alexander and I am a personal injury attorney located in Oakland County, Michigan and serving state wide. Today I want to talk a little bit about medical evaluations. If you have filed a personal injury case in Michigan, whether it is an auto accident, construction accident, worker’s comp case, slip and fall, etcetera. The sides defending the case, the attorneys and the insurance company, have the right to send you to what is called an independent medical evaluation, for a doctor of their choosing. Just to evaluate you and submit a report that they can use as evidence in your trial.
I want to caution you that this is anything but an independent medical evaluation. I prefer to call it a defensive medical evaluation. Remember, these doctors are not your doctor. They’re not treating you, they are retained by the defense attorneys and the insurance industry to examine you. These doctors generally, most of them I wouldn’t say all of them, but generally most of them make a lot of money in doing evaluations for the insurance companies. They will see you for approximately 2 to 5 minutes generally, do a real cursory examination and many of the reports if not most of the reports that I have seen they write in the report to the attorneys that the person is not injured, or if they were injured, they are totally recovered.
So when you go to a medical evaluation, remember to always tell the doctor if you hurt, to tell him that you hurt. Now let me give you an example. If you go to the medical evaluation and he says how are you doing today and you say fine, you’re going to see in the report later that patient or the claimant is doing fine, and is not injured. They will twist things. So if he asks you, how you are doing, tell them, you’re not doing good. So remember that. And another thing you don’t have to do when you go to a medical evaluation is you don’t have to answer questions about fault in the accident. For example, let’s say you have an automobile negligence case where you sue another driver. And the other side sent you to this defensive medical evaluation. Well, the doctor there really can only ask you questions about your injury, what hurts, what you can do and not do. And to some extent he can ask you questions about the mechanics of the injury. In other words, did you hit your head or did you hit your arm in the accident? What happened? He really can’t ask you questions like, were you paying attention when you’re driving? You know, what color was your light, were you speeding? Did you not see that, you know, step that you tripped over, whatever. He really can’t answer those questions, or ask you those questions.
Attorney from Oakland County, Michigan Explains Medical Evaluations
So your attorney should prepare you very well for the defensive medical evaluation before you go. If you have any questions on these matters, you could give me a call at 248-290-5600 or visit us online at oaklandcountyinjurylawyer.com