Rights During a Medical Exam
What are your rights during a medical exam for a personal injury defense?
In personal injury lawsuits, the defendant often requests that the plaintiff gets a physical examination from a doctor that the defendant selects. The rules governing this type of lawsuit make it so that you are required to comply with a defendant’s request to see a doctor they choose.
While you cannot refuse a medical examination by the defendant’s doctor of choice, you have other responsibilities and rights with regard to the defense medical exam used in the personal injury lawsuit.
Defense medical examination: your rights.
The doctor must treat you with respect.
Because the doctor was hired by the insurance company for the defendant you should not expect him or her to be on your side or try to help you. The doctor should behave professionally and treat you with respect and common courtesy. If the doctor treats you disrespectfully or unprofessionally, you can describe your experience in a letter to your personal injury attorney. Be sure to be specific about the place, time and date of the experience, what happened, and the name of the physician.
You can refuse the following:
To have a doctor xray you.
To have a doctor do blood work, CT scan, fMRI, MRI.
To be given an injection.
To have a doctor do a rectal examination.
To have an examination conducted without a gown.
To have a pin or needle poke you to draw blood.
If you or someone you love is seeking legal advice, we highly recommend the Law Offices of James Adams.