What You Should And Should Not Do At Your Defence Medical Examination?
If you are ever involved in a car accident, no matter how serious, and the other driver is found to be at-fault, you will naturally be inclined to file a personal injury case or lawsuit against the other driver. You will be hiring a personal injury lawyer in Montclair to help you win your case in court. The doctor who you see for bodily injuries that resulted from the accident will ask you to submit to a medical examination. It is in your best interest to do so since it is considered admissible evidence in court. In fact, evidence from medical exams has been crucial in helping plaintiffs win personal injury lawsuits in the past. That said, do you know what you should and should not do in your medical examination?
Doctor will be evaluating/treating you
Often times, the defendant will insist that a doctor who they choose examine you. You should consent. Don’t think that this individual will be biased towards the defense. This is far from true. All doctors take the Hippocratic Oath which requires them to be objective and honest when healing patients.
What to do and what not to do during a medical exam
Your personal injury lawyer will tell you to be open, honest, and act naturally around the doctor. Relaxing around your personal injury doctor will allow him or her to accurately and objectively evaluate and assess the real extent and nature of your injuries. This information will be recorded as information and evidence in your medical records which you can use in court against the defense to build your case. Your lawyer will tell you NOT to discuss any aspect of your claim with the doctor. You should especially keep settlement negotiations and damage awards confidential. Not doing so may inadvertently influence the doctor’s statements in your medical record in the defendant’s favor.
You should always arrive about 15 minutes early to every appointment. Your doctor can note down late shows in your medical records. This can be used against you in court by the defense.
Perform all tests your doctor asks you to take to the best of your ability
You may be asked to take an exercise stress test if you have an underlying heart condition. The doctor will use your performance and test results to evaluate your heart and determine if the accident worsened its condition. Performing these tests to the best of your ability takes the ammunition away from the defense that you are exaggerating the extent and nature of your injuries.
Also remember that your doctor will observe you before, during, and after the tests. They will note all of your actions and behaviors in your medical records. Act naturally, or else their notes may well be used against you by the defense. Of course, you should always let the doctor know if the tests are too difficult or painful for you to complete. Having a lawyer brief you about the whole process can help.