Client Letter: Defense Medical Examination
Dear Client:
I am sending you this letter to give you some helpful instructions concerning the medical examination to be conducted by the doctor chosen by the insurance company. You need to be aware that this doctor is paid by the insurance company. If possible, he or she will make medical findings that are favorable to the insurance company and unfavorable to you. That will help to ensure that he or she receives future assignments from the insurance company. In other words, this doctor is not on your side.
Therefore, it is important that you follow the instructions contained in this letter carefully. Please be sure to wear a watch to the examination. You need to time the actual physical examination. When the doctor actually begins physically examining you, check your watch. When the physical examination is complete, check your watch again. Please call me and let me know exactly how long this examination took. The initial part of the exam where you are asked about the accident and your medical history are not part of the physical examination. Only begin timing the exam when the doctor actually begins his or her tests.
If the doctor asks you to do something that hurts, by all means let the doctor know that it hurts. If you fail to do this, the doctor will put down that you are fine when in fact you may have pain. Do not let the doctor push you further than you comfortably can go. However, do not unnecessarily resist. The doctor will know if you are attempting to resist and this will look very bad in the medical report. Do not say something hurts, if it does not. The doctor will know if you are being dishonest.
Even though this doctor is not your friend, you should be courteous and pleasant at all times. The doctor is simply doing his or her job. You will not help yourself by becoming hostile in any way.
You are not absolutely required to have x-rays if you have recently had x-rays taken. You can let the doctor know that you have just had x-rays and that you would prefer not to be x-rayed again.
You do not have to wait forever for the doctor. If the examination does not begin within twenty minutes of your scheduled arrival time, let the receptionist know that you will have to leave if the examination does not begin within ten minutes. After ten minutes, if the examination has not yet begun, let them know that you have to go and then, if you wish, leave.
Do not get into specifics about the accident. You can speak very generally about what happened to you, but do not get into too many details. You can tell the doctor to contact me for more details. It is a good idea to answer questions about the accident as briefly as possible.
Finally, watch out for tricks. Sometimes doctors will drop an object to see if the patient bends over to pick it up. If the patient claims that he or she cannot bend over and then manages to bend over to pick up the object, the doctor will note this in his or her report.
Please call me immediately after the examination so that we can discuss how it went. Feel free to call me before the exam, if you have any questions.
Sincerely,
Your Attorney
