Your Legal Rights at Work

What Can You Do About A Bad Medical Examination Report?

by Lewis Hamilton

The insurance company that you file a claim with following an accident might ask for an examination with an independent medical examiner. The examiner is chosen by the insurance company, but is allegedly independent. In the event that you receive a negative report from the examiner, there are a few things you can do to counter it. 

Obtain a Copy

The insurance adjuster will contact you after receiving the report from the medical examiner to discuss the results. Do not rely on the adjuster to tell you what is in the report. Ask for a complete copy of the report. If the adjuster only sends you parts, ask for the entire copy.

Challenge the Fairness of the Exam

If the exam appeared to be unfair, point this out to your personal injury lawyer and the insurance adjuster. An unfair exam could be one that is very brief or that did not cover the symptoms which you have experienced. 

If you took a friend or family member with you to the examination, your lawyer needs to get a statement from him or her about what happened. 

Point Out Inaccuracies

Review the copy of the medical examination that you received for errors. Any inaccuracies need to be pointed out to the medical examiner. You can point to your own medical records as proof that the report is wrong. 

Get a Response from Your Doctor

Contact the medical care providers that treated you for your injuries and ask each to write a response to the medical examiner's report. Preferably, one of the responses should come from a specialist. 

Your provider might charge you for writing the report. The cost of paying for the report is well worth it if you are in danger of losing your case. Be sure to provide your doctor with a copy of the medical examiner's report so that he or she can counter each inaccurate statement.

Investigate the Examiner and the Insurance Company

The examiner is supposed to be independent. However, there is a possibility that the insurance company and examiner have a closer relationship than what it appears. Dig into the relationship between the two. Find out how many times the insurance company has sent claimants to the examiner. You can use the link to challenge the validity of the report.  Your lawyer will have other ideas on how you can challenge an unfavorable report. The report is important, so do not take it lightly. Most importantly, do not discuss it with anyone but your lawyer.

For more information, contact a lawyer from an experienced firm, like Boucher Law Firm.