Articles

Preparing For Your Compulsory Medical Exam

Introduction Over 63 million people are injured in accidents in the United States every year. Many of these injuries are not reported. Many injuries are serious enough to justify filing a claim with an insurance company or a lawsuit against those at fault. If you are involved in a case, you may be required to undergo a compulsory medical examination. Insurance companies try to characterize it as an "independent medical examination," but it is really a defense or insurance medical examination by a doctor selected and paid by the insurance company. The injured party making the claim is called the plaintiff or claimant. The person or company against whom you bring your claim is called the defendant, and their side is called the defense. You should read the information before attending your compulsory medical examination. Do not take this information with you to the exam. Confidentiality This is a confidential communication between Robert J. Neuberger, Attorney at Law, and his clients. The information is intended only for the use of his clients. If you are not my client, you are not the intended recipient. You are hereby notified that any unauthorized disclosure, copying, distribution, or taking of any action or reliance on the contents of this information is strictly prohibited. If you have received this document and are not a client, please immediately notify my office to arrange for the return of the document. Use Reasonable Caution Although the doctors picked by the defense may be honest, caring professionals, they have probably been asked to look out for information that can help the defense's case. They may have been to look for complaints, which do not follow the pattern of your injury; they may interrogate you regarding the facts of your injury to aid the defense of your claim. The insurance company may provide the doctor with surveillance films and investigation reports about you, and medical reports and records regarding your medical history, including information which may not relate to just this specific injury. Insurance companies hire doctors who regularly examine injured people and who are accustomed to developing the things that will help the insurance company. It is only reasonable for you to go into the examination with some preparation and care. The following are some simple guidelines to follow that will help you make the best impression. Do Not Take It Personally It is important to go into this examination with the proper attitude. One thing that can help you is to recognize that the compulsory medical exam is a routine procedure of insurance companies in personal injury cases, the results of which are important to the ultimate outcome of your claim. It is important for you to spend time preparing for it. No one has singled you out to question your truthfulness or that of your physician. Do not appear defensive or hostile, but remember that these physicians are hired to assist the defendant and not to participate in your medical care. Be Alert, Relaxed and Polite At your exam, be truthful, alert and polite. You need to be alert in order to answer the questions carefully and to remember what went on in the examination. Pay attention to all of the questions, but do not become nervous or upset. If you are tense, nervous or upset, this will reflect adversely on the examiner's medical opinions of you and your injuries. Remember that the doctor will record his or her observations of you during the exam. Again, be truthful, polite and cooperative. A straightforward answer to a question is the best course of action. Be Prepared Before you schedule your visit, allow plenty of time to review your medical history and the many ways in which your accident has affected your everyday life. Be sure you note all details of your medical history. If your medical history is complicated, you may wish to review it with your lawyers so that, if requested, you will be able to report it accurately. Be prepared to describe the ways in which your life has changed since your accident. Do you suffer pain or restriction of movement? What activities are difficult or impossible to perform? Ask a friend, spouse or fellow worker to tell you about any changes they have noticed since your accident; the purpose is to refresh your memory. Know Where To Go, And Whom To See Be sure to write down the time and place of the compulsory medical exam and the name of the doctor you are supposed to see. Be certain to arrive on time. Better yet, arrive early. Plan extra time into your schedule. If the doctor is delayed, you will not feel rushed and upset during the exam. Know the doctor's name. If for some reason the doctor is detained or unable to be there, contract your lawyer. Be sure to discuss ahead of time with your attorney whether to bring someone with you to the exam. Meeting The Doctor Pay attention to what the doctor does, says and asks. Remember what tests are given and the time the appointment begins and ends. Do not take notes or bring a tape recorder to the exam. This will make you look like you are more interested in your settlement than your health. Do not let remembering become a burden. Focus on answering the questions. Answering Questions BE TRUTHFUL. The first part of your exam will probably consist of questions. Answer all questions politely and truthfully. Do not try to fake or exaggerate anything--this will be quickly discovered by an experienced physician. A truthful and candid answer is the most effective response to any questions! Do not guess or speculate. DO NOT RUSH. Take the time to answer all questions carefully. If a question is unclear or confusing, do not be afraid to ask the doctor to explain or reword the question before you answer. Do not be rushed into answering without thinking. If you make a mistake, correct it. AVOID UNNECESSARY ELABORATION. Remember that the doctor is hired by the defense to help its case. While you should always answer a question politely, honestly, and completely, do not ramble on or elaborate unnecessarily. Any facts that are discovered during the examination may be brought up in court later. Keep your answers short and direct. If you do not know or cannot remember the information the doctor is asking for, do not hesitate to say so. The examining physician should only question you about your injuries and what caused them. The doctor should not ask what caused your accident or irrelevant past health or personal habits. Be sure to ask your attorney before the examination what to do if the doctor asks such questions. You may be asked to fill out forms or fill ion a diagram showing what parts of your body hurt. Before the exam, you should discuss with your attorney if there are any forms you should not fill out or sign at the exam. Describing Pain During the exam, you will probably be asked to describe your aches and pains. Since pain is subjective and often difficult to describe, it may be best to use the "it hurts when I do this" by the pain. Again, be as truthful and accurate as possible. If your injuries affect your activities, describe the effect. Try to avoid the phrase "I cannot do " Describe your limitations. No one likes complainers or people who exaggerate. On the other hand, do not understate your pain and the problems it causes you. You deserve to have it recognized. The Physical Examination The kinds of observations the doctor will need to make during the physical will vary according to your injury. Some procedures such as checking blood pressure, measuring height and weight, checking heart and lungs, and testing reflexes will be familiar to you because they are ordinarily part of nay physical. Other procedures are standard in injury cases and may include a general observation of normal and restricted movement when you walk, sit or remove clothing; a spinal exam; and a visual examination for scars, bruises, and disfigurations. The doctor may also view and discuss x-rays and EEGs or other tests taken at an earlier time. The doctor may also want to test the range of motion in an affected limb. In a test of passive range of motion, the doctor will move the limb to see how movement has been restricted by the accident. The doctor may also test active range of motion by asking you to move the affected limb. Tests The doctor may also require other kinds of tests, x-rays, ECGs (electrocardiogram--used to detect heart disease), EEGs (electroencephalogram--a test of brain activity), psychological tests, and more. Before the examination, check with your lawyer to find out what sort of tests to expect and whether you should refuse to undergo any tests. For example, you may not need a blood test for a back injury. Ask your lawyer whether you need to allow x-rays to be taken. Doctors often observe you as you enter or leave the clinic, undress, or perform activities. The exam begins when you leave home, and is not over until you are back in your house. It is not unheard of for insurance companies to hire investigators to watch and film people as they are leaving their homes, getting into the car, arriving at the doctor's office, going between their car and the office, and again on the way home. After The Exam Your attorney will be interested in knowing how the exam went. If your attorney has asked you to do so, after you leave the doctor's office, take some time to jot down as much as you can remember about what the doctor said, what you answered, what the doctor did, and said. You should not take notes during the exam. Pay attention to the time when you arrive at the office, the time you were admitted to the examining room, and when the exam ended. It can be important to know the time the doctor spent with you in case he or she files a detailed report despite having only spent a short time with you.