Will I Need to Do a Physical Exam for an Alaska Medical Malpractice Case?
As a plaintiff seeking monetary damages through an Alaska medical malpractice claim, you already know the importance of evidence to establish your rights. Proof is equally important to the opposing side in the case, which includes the negligent healthcare provider and a med mal insurance company. These parties are interested in gathering the evidence they need to defend your claim, expose weaknesses, and otherwise develop a strategy to pay you as little as possible. One tool a defendant may use as discovery in a med mal case is a medical examination. Rule 35 of the Alaska Rules of Civil Procedure states that whenever a party’s medical condition is an issue in litigation, other parties can request this type of examination.
Your medical condition is a key issue in a med mal case, so – yes, it is likely that you will need to participate in a physical exam. The session is termed an “independent” medical exam (IME) in legal terminology, but the reality is far from being impartial. While your Alaska medical malpractice lawyer will explain details, a look at IMEs is useful.
Overview of IMEs
An IME is like any doctor’s appointment where you undergo an assessment of your medical condition, but it is different in a very important way: The physician is hired by the med mal insurance company, so any notion of neutrality or objectivity goes out the window. This doctor’s approach to the IME is to find evidence that provides the insurer with grounds to deny your claim or make a lowball settlement offer. Tactics include:
- Focusing on your risk factors, like smoking, alcohol abuse, or drug use;
- Asking about pre-existing injuries or ailments;
- Reporting that you exaggerated your medical condition.
The Role of the IME Physician in a Med Mal Trial
The doctor will prepare a report that can be used as evidence and set the stage for settlement discussions. However, the physician who conducted the IME may also testify as a medical expert if your case goes to trial. The legal team for the defense will try to persuade the jury that your injuries were not severe or that your pre-existing medical condition or lifestyle choices were the reason for your injuries. This testimony could impact your case.
Tips for the IME
Your lawyer will prepare you with specific recommendations for participating in the IME, but some tips include:
- Do not volunteer information unless directly asked or requested.
- Never consent to any medical tests or lab screenings unrelated to your injuries or part of the court’s order requiring the IME.
- Avoid discussing your injuries or med mal claim in the waiting room before an IME, since others could overhear your conversation and use your words against you.
Our Alaska Medical Malpractice Attorneys Will Guide You Through the IME
You may need an IME in a med mal case, but you can trust Power & Power Law to prepare you and address challenges. For more information, please call 907-222-9990 or go online to schedule a free consultation.