Mike’s Quick Answer
It depends on the policy, lawsuit, and court rules, but often an insurer or defendant may request a medical examination when injuries are disputed. The examining physician usually does not provide treatment and may report opinions about diagnosis, causation, need for care, permanency, or function. A licensed treating physician remains the proper source for medical advice.
This Examination Has a Litigation Purpose
The appointment may be called an independent medical examination, defense medical examination, or insurer examination. The doctor is typically retained by the requesting side to evaluate specific disputed issues.
The examination can include history questions, physical testing, review of records, and observations from arrival through departure. The scope should relate to the conditions placed in issue.
Accuracy Matters More Than Performance
Describe symptoms, prior conditions, treatment, and limitations truthfully. Do not exaggerate, minimize, guess, or perform differently because an examination is occurring.
The doctor may compare statements and effort with medical records, surveillance, diagnostic studies, depositions, and treating-provider opinions. A short examination can still produce a detailed report.
Prepare for Logistics and Boundaries
Confirm location, time, body parts at issue, records to bring, transportation, interpreter needs, attendance rules, recording questions, and what to do if the examination materially exceeds its stated scope.
Mike can explain the legal purpose and review the eventual report. Treatment questions and medical decisions should be discussed with licensed treating professionals.
Frequently Asked Questions
Is the insurance examiner my doctor?
It depends on the arrangement, but often the examiner is evaluating for the insurer or defense rather than creating a treating relationship. Ask who retained the doctor and the examination's purpose.
Can I skip the examination?
It depends on the policy, discovery request, and court order. Failing to attend can have serious consequences, so objections or scheduling issues should be addressed through counsel before the appointment.
Sources and Further Reading
Important
This article provides general New Jersey information and is not legal advice. Every matter depends on its facts, policy language, deadlines, and applicable law. Medical questions should be discussed with a licensed physician. Tax questions should be discussed with a qualified tax professional.