Your case may depend on whether you videotape the Independent Medical Exams that occur in your case. An IME occurs when a medical professional who has not previously been involved in a party’s care examines a party. There is not a doctor/therapist-patient relationship. Courts may allow an IME to be conducted to determine the cause, extent and medical treatment of an injury at issue in your litigation. The Independent Medical Exam is also likely to assert an opinion as to whether a party has reached maximum medical improvement and whether any permanent impairments exist. You would not leave you client alone with opposing counsel so why would you leave them alone with opposing counsel’s paid expert? You should always make sure to utilize an Independent Medical Exam video.
Medical experts for both sides of litigation regularly come to opposite opinions. Give your expert the upper hand by providing him with an Independent Medical Exam video of the examination conducted by other medical professionals. Such a video is the only way that you can ensure that all of the proper procedures and steps were followed during an exam. What is not seen on an IME video could completely change the strength of an opposing expert’s opinion. In the same way that you maintain an objective record of all depositions, be sure to create a video record of all Independent Medical Exams. If your trial becomes a “battle of experts” you will be glad you did. Count on Kentuckiana Court Reporters to provide an objective Independent Medical Exam video in your next case.
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