The Medical Examination

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The insurance company may have the right to schedule you for what is called a Defense Medical Examination, or "DME." This is a common practice if you have filed a lawsuit to receive compensation for your injuries. The DME will involve giving a medical history and going through a physical exam conducted by one or more doctors chosen by the insurance company.

Although the defendant, and sadly, many judges, refer to these examinations as "independent," you should be aware that the doctor is getting paid for the examination by the insurance company. Some doctors make all or most of their living conducting these examinations as defense tools for insurance companies. As a result, each "DME" must be considered as an opportunity for the defendant and his lawyers to bolster their defense, rather than a truly independent evaluation of your physical/medical condition. Because of this fact, the Cherry Law Firm refers to all such exams as "Defense Medical Exams". In addition, the Cherry Law Firm routinely sends a representative with each client to videotape the DME of that client.

The Litigation DME (Defense Medical Exam)

If a lawsuit has already been filed, the insurance company may want to have you examined by a doctor who would be prepared to testify in court if the case goes to trial. The civil rules of procedure in most states allow such examinations, and you will be required to attend. because of the financial motive of the DME doctor, it is probable that the examining doctor will reach different conclusions than your own treating doctor about your condition.

Tips on handling any DME

Here are some suggestions on how to handle a DME:

• Be aware that the doctor will ask if you drove yourself to the examination, especially if the place of the exam is distant from your home.
• Be aware that you may be observed from the moment you enter the parking lot until the time you drive off. We see comments in the reports dealing with how a client got out of a car or walked across the parking lot.
• Do not answer questions dealing with fault in the accident. You should answer only those questions that are directed to medical issues.
• Under no circumstances should you get angry or argumentative with the examiners. If you do, they will probably record that in their report and it will not help your case.
• If possible, have someone accompany you to the exam. Have that person note how long each portion of the exam lasts. (Note, the Cherry Law Firm routinely sends a representative with you to videotape your DME)
• Describe your pain and medical condition truthfully and completely. Do not let the doctor trap you with questions which attribute pain to areas clearly not associated with your injury.
• Don't be afraid to say "Ouch" when you hurt. If you grimace and the doctor does not see it, your reaction will not be noted.
• Remember: THIS IS NOT YOUR DOCTOR. Anything you tell this doctor will not be confidential and can be used by the insurance company against you.
• After the DME, write down what the doctor said and what the doctor did to you.
• Call your lawyer immediately after the DME.
• You are entitled to receive a copy of the DIME report.
• If you cannot attend the DME at the scheduled time, call your lawyer immediately or call the doctor's office to reschedule, otherwise you may be charged a cancellation fee.