Some people call this an independent medical examination. However, it is anything but independent. Your legal opponent pays for it and chooses the doctor who conducts it. Your opponent will choose a doctor known by your opponent to give opinions favorable to your opponent. That is why I call this a compulsory medical examination and not an independent medical examination. The doctor conducting it is not independent – she is paid for and beholden to your opponent. If the defendant (usually an insurance company) will not pay you a fair settlement and forces you to file a lawsuit, the defendant has the right to force you to submit to an examination by a physician of its choosing. The doctor will submit his or her report to the insurance company and to us detailing the doctor’s opinions of your injuries. Not only can the insurance company compel you, or force you to do this, but the report and doctor’s testimony are admissible at trial. Therefore, we want you to be armed with as much information about this process as possible.
